TexasEmployee
Junior Member
What is the name of your state?What is the name of your state? Texas
My wife filed a workers compensation claim on May 28, ’04 for a back injury sustained while working in a Dental Office. One June 15th the company officially announced a merger. On June 22nd my wife was terminated for violating company policy.
One June 20th my wife called in so she could attend a physical therapy appt. On this day a fellow employee who was being treated for a tooth problem by the Dentist needed a refill prescription of pain medication. She talked with the Doctor who approved it, but she failed to get a written prescription before their departure that day.
One June 21st, the fellow employee called in sick due to excessive tooth pain. She phoned my wife later in the day and asked if my wife, a treatment counselor who routinely calls in prescriptions, would phone it in for her since the Doctor approved it the previous day, so my wife did. The center manager was sitting next to my wife when she received the phone call from the employee as well as when she called the pharmacy. Once my wife phoned in the prescription, the manager asked what she had done but that was the last mention of it. The next morning she was terminated. The fellow employee clearly states the Doctor approved the refill, and was going to testify on my wife’s behalf at the Workers Compensation hearing, the employer contested the original finding, but the employer failed to call in for the hearing, so the original findings stood.
My questions…
I have looked but have been unable to find the answer; in Texas do employees have a right to information once they are no longer employed? The termination sheet states they obtained a statement from the Doctor, which I would like to see, but they have told me they will not give me a copy without a court order?
Do supervisors have a legal responsibility to stop employees from violating workplace laws when they have good faith knowledge they are breaking them. In this case its clear the manager knew what my wife was doing, was illegal in their opinion, but did not intervene to stop the illegal act or call the pharmacy to cancel the prescription. Would this in and of itself assist in proving a pretextual discharge?
I have talked to the DEA several times and have received conflicting answers. If in fact what my wife did was not illegal, and her employer stated she was fired for illegal behavior to the Workforce Commission in an attempt to deny unemployment compensation could that be used in a defamation case?
My wife filed a workers compensation claim on May 28, ’04 for a back injury sustained while working in a Dental Office. One June 15th the company officially announced a merger. On June 22nd my wife was terminated for violating company policy.
One June 20th my wife called in so she could attend a physical therapy appt. On this day a fellow employee who was being treated for a tooth problem by the Dentist needed a refill prescription of pain medication. She talked with the Doctor who approved it, but she failed to get a written prescription before their departure that day.
One June 21st, the fellow employee called in sick due to excessive tooth pain. She phoned my wife later in the day and asked if my wife, a treatment counselor who routinely calls in prescriptions, would phone it in for her since the Doctor approved it the previous day, so my wife did. The center manager was sitting next to my wife when she received the phone call from the employee as well as when she called the pharmacy. Once my wife phoned in the prescription, the manager asked what she had done but that was the last mention of it. The next morning she was terminated. The fellow employee clearly states the Doctor approved the refill, and was going to testify on my wife’s behalf at the Workers Compensation hearing, the employer contested the original finding, but the employer failed to call in for the hearing, so the original findings stood.
My questions…
I have looked but have been unable to find the answer; in Texas do employees have a right to information once they are no longer employed? The termination sheet states they obtained a statement from the Doctor, which I would like to see, but they have told me they will not give me a copy without a court order?
Do supervisors have a legal responsibility to stop employees from violating workplace laws when they have good faith knowledge they are breaking them. In this case its clear the manager knew what my wife was doing, was illegal in their opinion, but did not intervene to stop the illegal act or call the pharmacy to cancel the prescription. Would this in and of itself assist in proving a pretextual discharge?
I have talked to the DEA several times and have received conflicting answers. If in fact what my wife did was not illegal, and her employer stated she was fired for illegal behavior to the Workforce Commission in an attempt to deny unemployment compensation could that be used in a defamation case?
