Laid off in Nov 2003

[laughwthme]

What is the name of your state? CA
I was employed for 11 years with former employer. I was laid off on 11/14/03, the reason I was told because they were going to out source part of my work. Not all of the work. They also had a temp. emp. working on another project that I also could do and new the job. The Monday before I was let go, I sent a email to a Dept. director telling him that he was wrong in what he was telling all departments, and that maybe he should research before making changes. He is good friend of the CFO and did not like the way I spoke in my email and more then likely showed the CFO and I was let go that Friday. My director, was the one who let me go, and said "I cannot understand how this Adminstration works" and also who owns this company. As it is a non profit hospital. In Sept. they laid off another girl 23 years with company and told her that her job was eliminated and then another emp. was given the same job she did. They have about 11 temp employee's now and hired another emp. under the same title I held within 2 months time. I also had filed a report in the early part of the year with the H/R dept about the Carpal tunnel my doctor found when doing a nerve test for my neck. They never did anything with the claim. Now my hands are pretty bad.
Do I have any recourse either for the firing or for the possible work comp.? The firing was more upsetting and I am over that I guess but more concerned about my hands and if I get the chance to work for another company if they test for this in physicals I may not get the job.

 

[laughwthme]

added note

I had a pefect employment record with this company, my reviews were very GOOD. I always worked on special projects, trained employee's and even help train the new manager. My previous manager was fired in July 03 because of the way she answered a question to another friend of the CFO'S. She was with the company 24 years. With also a perfect record, and performance and so was my co worker that was let go in Sept. The girl they let go in Sept. they made her sign a paper stating she would not discuss the lay off with anyone, she could not sue them, etc. before they would give her any severance pay. Then she was paid bi-weekly.

 

[Beth3]

"The Monday before I was let go, I sent a email to a Dept. director telling him that he was wrong in what he was telling all departments, and that maybe he should research before making changes" That was a singularly poor idea. If you want to take exception to decisions someone in senior management is making, you TALK to them about it in person and in private. You don't send an e-mail.

"Do I have any recourse either for the firing or for the possible work comp.?" As to the firing, no. They can eliminate your job and back-fill with a temp or someone else. They can also fire you for sending a director an e-mail criticizing their decisions.

As to the WC claim, your comment that "They never did anything with the claim" doesn't make sense. What is it you expected the employer to DO? What you need to do is seek treatment for your condition and inform the medical providers this is worker's comp and that the bills should be sent to the employer.

 

[laughwthme]

I was sent the email first.

The director sent myself and all people involved an email, stating that we were not doing what we should be in obtaining correct payments on services performed, and we were. I did not mean to be disrespectful, only to voice my concerns that we were in compliance and why change if no change was needed.
This was how we had to communicate with the director as he was always busy.

Also on the work comp issue, I was examined by a doctor and given hand braces by my personal doctor. I merely informed the HR people for a matter of record. Now that I am unemployed, and need to persue the same line of work. If I am asked to take a physical, and I don't pass due to the CT in my hands do I have any recourse to file a claim against former employer. If in fact I cannot get a job due to my hands.

I am not out to get a bunch of money, only what I am entitled to under the provisions of the law. I am not a sue happy person, I just felt I was wronged in the termination and not given the true reason I was let go. Or that I was not given a warning as it states in the policy and procedures if in fact I was wrong in my addressed email.

Just thought I would add this note, but thank you anyway.

 

[Ramoth]

Under Worker's Comp, you are entitled to have your medical bills paid if it is determined that your CT was caused by your job. If your CT is found to be work-related, you may be found to have a permanent level of disability as a result, and you may be compensated for that. That is the extent of your rights to compensation for your injury.

For the rest of your complaint, the employer has done nothing illegal. Absent a CBA, the employer can skip some or all of the steps in their discipline policy.

 

[Beth3]

But my answer remains the same. Even if the normal mode of conversing with the director was via e-mail, they can still terminate you for criticizing him or her.

Same goes for the WC situation. You informed the employer of the work injury when you were diagnosed. If you need treatment, go seek it and have the bills sent to your former employer. Their liability for your injury did not cease when your employment did.

 

[laughwthme]

Thank you for the information.