girlfriend needs help

[josh1980]

What is the name of your state? alabama

well she is an ex now..lol but im still trying to help her out. she was working for a convenience store and was injured while on the job. well her employers claim it shouldnt be a comp claim but comp insurance has paid for everything. while she was still out of work they fired her for no reason at all. she has three kids so of course she had to find another job and still suffers from her injury. does she have any kind of case from her termination? thanks

 

[cbg]

Not enough information. How long was she out of work? How long had she been working for them? How many employees did the store have?

 

[josh1980]

she was out about a month when fired. im wanting to say they had 20 employees and she was there almost a year. thanks

 

[cbg]

Then she does not qualify for FMLA and it was legal for them to term her, unless your state SPECIFICALLY forbids an employer from firing someone who is out on a workers comp claim.

BTW, they did not fire her for no reason. They fired her because she had an extended absence and did not qualify for any protected leave.

 

[josh1980]

if im not mistaken we have that law

 

[cbg]

Sorry, but I think you are mistaken. Like most if not all other states, Alabama does not permit an employer to fire an employee BECAUSE they filed a workers comp claim. However, after my posting above I went to the AL web site and checked. I could find nothing to indicate that Alabama forbids an employer from terming an employee who is on workers comp but has exhausted their available leave time. BTW, I only know of one state that has such a law and even in that state I think it may have been repealed - all other states do permit an employer to fire an employee who has used up all their available leave time but is still out on workers comp. Some states (mine included) require an employer to give such an employee preference when it comes to rehire (although they are not required to create a job for them, only to give them first shot at any open positions for which they qualify) but that's not the same as requiring the employer to keep them on payroll indefinitely.

 

[josh1980]

so in so many words she's screwed

 

[cbg]

That's not the word I'd use but that's essentially the case. She has no guaranteed right to continue her employment when she is unable to return to work, even if it's a workers comp claim.

 

[josh1980]

she's not guaranteed a job but does she have any kind of case?

 

[Beth3]

josh, cbg has already answered that. If she was fired in RETALLIATION for filing a worker's comp claim, that is prohibited by her State's WC regulations. If she was fired because she had used up all available leave time and was still unable to return to work, that was legal.

We don't have any ay of knowing WHY her employer terminated her. All we can do is tell you what the legal issues are.

 

[josh1980]

thanks

 

[IwntTheTruth]

Just plain Unrestrained Capitalism at its bests

BETh,
Welcome to corporate America where the corporations are like teflon, you can't get any justice . I'm gonna play by thier rules from now on and be just a cut throat and uncareing who I have to screw over to get ahead. Lie cheat and steal thats the name of the game. and don't tell me I'm wrong, when CEO's Can lock out employees while they cash in thier stock and leave the employees with nothing..and they are getting away with it too.
NO NO NO they don't believe in GOD . They have no shame, no conscience , and no HONOR, integrity. and now I am gonna hold on to those virtuers myself. No more mr nice guy .

 

[Beth3]

Iwnt, that's as valid as saying that because one employee steals from their employer, ALL employees steal from their employers.

 

[HomeGuru]

Re: Just plain Unrestrained Capitalism at its bests

BETh,
Welcome to corporate America where the corporations are like teflon, you can't get any justice . I'm gonna play by thier rules from now on and be just a cut throat and uncareing who I have to screw over to get ahead. Lie cheat and steal thats the name of the game. and don't tell me I'm wrong, when CEO's Can lock out employees while they cash in thier stock and leave the employees with nothing..and they are getting away with it too.
NO NO NO they don't believe in GOD . They have no shame, no conscience , and no HONOR, integrity. and now I am gonna hold on to those virtuers myself. No more mr nice guy .

**A: Hey Mr. No More Nice Guy, pulease teak sume spulling lesens. spulling and gode grammer ar virtuers jest liek patients.