son needs help

[someones mom]

?????????????????????

What is the name of your state? Wisconsin

My son was fired from a job for hurting his back. The problem now is that he is being declined unemployment. He has nothing in writing and wants to go and talk w/ the person who fired him.

He wants to record the conversation w/out the person knowing. is this legal?

 

[cbg]

First of all, with all due respect please hold your horses. This board is manned by volunteers, who do this on their own time when they have a chance. Most if not all of us have jobs and families and other things to do. As of right this minute as I type this, it's been less than three hours since your initial post, which was submitted right around the dinner hour on the East Coast, and you've already edited once because you weren't getting any responses. It is not unusual for it to take longer than that for a response - operators are not standing by 24/7 to answer your call. Okay? Have a little patience.

Now, to your question. In Wisconsin yes it is legal, as far as the law is concerned, to tape without the other person knowing. However, just because he can't be put in jail for it, doesn't mean the employer has to permit it, or that the employer can take no action because of it. If the employer takes offense at the taping, he is free to take what action he chooses, including re-firing your son if he's been hired back, or refusing to rehire him if he hasn't.

 

[nanf]

Wow, you and all the senior members volunteer! You are amazing! Again, thank you so much for you input on my husband's problem on the disabilty discrimination.
I look at other posting and people unwillingness to accept they have no legal claim. (not refering to you, someones mom)
I have seen rude replies directed to senior members and thought it that they weren't very nice since you and the other senior members were giving them "free advice" now I shall be even more offended if people don't treat the senior members with respect.
May you always be blessed with the good things in life!
Thanks I'll try not to bug you so much with questions and keep you updated on the outcomes.

 

[Beth3]

My son was fired from a job for hurting his back.

It is unlawful in Wisconsin to fire someone because he or she had an occupational injury. It is also usually unlawful under State WC reg's to fire someone who is off work and collecting temporary total disability benefits.

You need to provide more information regarding the circumstances of your son's injury and status when he was fired in order to determine whether a violation of WC regulations occurred. Was he off work? Had he been released to return? Did he have restrictions? If so, did the employer have any light duty work they could provide? At what point in his WC claim was he terminated? As soon as he told them he hurt is back or later on?

 

[cbg]

Thanks, Nan.

 

[SuzieWahoozie]

Hmmm...initially I didn't get that this was necessarily a WC issue...he could have hurt his back painting his house! But now, after reading Beth's response, I wonder...hopefully, OP will clarify.

In any case, I don't know about WI (Beth does, though ), but where I am (IL), unemployment would be denied because he is temporarily disabled and therefore, "unable to work." In IL you have to be "able and available" to work in order to collect UI. That may be his issue, but Beth can provide direction on whether his inability to work at this time could be the cause for his UI denial.

 

[Beth3]

I'm assuming he hurt his back at work. It's not entirely clear that's what happened however. The OP needs to clarify.