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Perment layoff?

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jde927

Junior Member
undefinedWhat is the name of your state? PA

I use to work for a small company installing fence products until i was permently laid off. The reason this... Last November I tore my Acl while riding my 4-wheeler. So clearly this is a non work related injury. Since then I had a minor surgry to repair some minor things and to see the extent of damage to the acl. Until I had this surgry I was in pain often and was only at 50 percent. But once the surgry was complete and with the use of a brace I am 95% or better. Still capable to out perform other employees. They let me go because a. I am incapable of performing my job, which is untrue. and second beacuse I am a "liability" Which is untrue... even if I further injury myself workmans comp would laugh at me due to the well documneted injury and how it happend. So... my Question...
Are they in the right to permently lay me off to get my knee fixed and expect me to pay for my health insurance when I have a docotrs note that does not limit me in anyway and says that i am fine to work?


sorry it got a little long.
 


Beth3

Senior Member
How long were you off work?

By the way, the employer and their WC carrier could easily be liable for your knee if you injured it on the job.
 

jde927

Junior Member
re:

I have been told that I need to get my knee fixed and at a meeting they told me I was not going to loose my health insurance.... THIS DID NOT happen on a job. It is a persnal injury that was incured on personal time. But i have a doctors note stating that I am fully capapable of working and can let my injury go until next winter when our work slows a great deal and then get it fixed. The problem is that once i have the surgry I will be out for 4 to 5 months as thr type of work we do is heavy and I can not sit around and work during the early recovery.
 

cbg

I'm a Northern Girl
You didn't answer the question and it's very important to the answer to your question.

HOW MUCH TIME DID YOU MISS DUE TO THIS INJURY?
 

jde927

Junior Member
re:

Sorry. It was thanksgiving day when i Did it and i went to work the following monday. I DID NOT TAKE any days off until I had my surgry to repair part of the sitiuation. So at that point i missed a week. Thats it. I worked when there was pain because it was a personal injury.
 

cbg

I'm a Northern Girl
Okay, that being the case there is now a different question.

You say this is a small company. How small?

Where we're going with this is we're trying to estabish if FMLA applies.

But, even if it does, it's only going to be a stop-gap solution. Even under FMLA, if they gave you your job back now they would LEGALLY be able to terminate you when you were out four-five months with your surgery later. Even with FMLA, the MAXIMUM amount of time they have to hold your job for you is 12 weeks.
 

jde927

Junior Member
Re

The company is to small ... only about 15 employees.

Just today I acquired a note from my doctor stating that if i wear my brace I am perfectly able to work. Can they force me to take the leave in order to get my knee fixed even tho I would rather work now and have the surgery latter. I understand that I may only be at 95% not 100% but I have never recievied any verbal or writen notices that my work performance has droped. Not until they tell me in a meeting that i need to get my knee fixed. With a slight drop in performance i am still Above most of the employees.


Even so... There is another employee in the company that has lower backand hip probblems. These are not from this line of work as they were from before he started. He has missed several days and has days were it severly limits his work to the ppint were he can not end over and he literitly lays on the ground to try to get it to work out of his back....
that bieng said if he is working with that probblem were it comes and goes how diffent is that from my Acl tear which I wear a brace and have a doctors note stating that I am cappable of work. Because he is still employed does that set a presedence in this matter concerning how the company treats one they must treat the other?

sorry it is long there is so much
 

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