• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question for you Guru's.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SIKE00

Junior Member
What is the name of your state? Kansas
This is kinda long, but I want to make sure you all have the facts.
I was hurt at my job (fell 8ft), and reported it that instant, went to companies medical, they sent me to their doctors. I hurt my back, neck, knee, shoulder. I returned to work the very next day and worked for about 1 week before migraines got so bad I couldnt even get out of bed. (before this I didnt have migraines). I missed work for 1 week but had Dr's. Note stating I had possible severe whiplash from the fall. I CALLED IN EVERY DAY. PLUS I HAD SICK LEAVE TO COVER THIS TIME GONE. Was also scheduled for knee surgery as I tore my meniscus in the fall. Returned to work and was terminated on the spot for No Call/No Show. I went to HR dept and tried to give them doctors note and they actually told me that "they refuse to accept my dr's note", and when I told them that I did too call in every day they stated "No you didnt your lieing". I then informed them that I'm not stupid as I know a no call no show could be instant termination. So I went down to Union Hall and filed a grievence immediately after leaving the HR dept. They have pretty much done nothing. Now I'm off work, cant get a job due to having restrictions and being in the middle of a work comp case. Cant get unemployment because I was fired. So I'm just screwed at this point. I go get a work comp lawyer as work comp wasnt helping me,,,as I was suffering severely with migraines 3-4 days out of 7. He didnt do nothing. Gave him about 1 1/2 months then fired him. Got new lawyer and he is working but its a slow process. Finally got them to approve a doctor for me to go see about my back and neck,shoulder, and head. My new lawyer supeoned my personell record from my company when I started with him back in Nov. 07. Went to court last week and still didnt have work record and judge ordered it to be provided. We got the record Tues. of this week, and it showed I called in every day. Their legal reason for firing me is "NO CALL NO SHOW 3 CONSECUTIVE DAYS". So now I have proof that I called in. I am under union contract. (aircraft in Wichita, KS.). Also,,,up to this point I have never been wrote up, or recieved any verbal warnings of any kind. So does this prove "WRONGFUL TERMINATION", and i didnt recieve any work comp pay this whole time either. So what is my recourse now. My lawyer is a work comp lawyer and not a Wrongful term type of lawyer. I just want to make sure were're preceding in the correct path. Also my lawyer recieved a phone call from the company lawyer on the same day we finally recieved my record and he personally stated that this is wrong. Can I get them for Back pay, not sure if I really want to go back to work there, afraid I'll sneeze without permission and then get fired for that. But I followed the rules of the contract and they didnt. Can I get them for all the trouble this has caused me,,,severe financial trouble. Lost $18.00/hr job plust good benifits. Thats a big chunk out of your budget.
Thanks for any help you all might provide.
Any further questions, just ask me if something is not clear.

Thanks.
 
Last edited:


Zigner

Senior Member, Non-Attorney
Ask your WC lawyer to give you a referral to an empl. law atty. They *can* work together...and, from the info you posted, it sounds like you probably have a decent case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top