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Wrongful Termination

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Hellhathnofury

Guest
Colorado
I was terminated recently. I had called in sick on a Monday morning with a pulled mucle in my back and shoveling snow at home. It started hurting after I went out into the cold. After seeing a Dr. I was told the injury had to been from lifting and was probably aggrivated because I have had a masectomy. At this time I was still trying to think back as to what I had lifted that could have caused the injury. I called in the next day also. That evening I remembered that I had tried to lift an overfilled hazardous waste container off a cart because my department had been instructed to move them to the disposal area if they were that due to safety concerns. Because the container was so full I attempted to remove it from the cart with my right arm outstreached so it would not splash out of the container on to me. I only lifted it 1 to 2 inches off the carl and felt a slight tug in my shoulder area so I set it back down on the cart. At this time I was not feeling any pain. This occured at the end of my shift the previous Friday. At this time I realized how the injury had occured. I returned to work on Wed. and met with my supervisor as soon as he arrived. I gave him the note from my Dr.and told him that it was a work related injury and even though I would rather not I would have to report it as such because if I did not it would be a falsification, and against policy. I have documentation and wittness of an earlier work related injury that I reported to him immediately where a cubical wall that was stacked improperly against a wall had fallen on me resulting in severe contusions and abrasions from above my right knee to my foot. He never submitted the report to the safety department. Knowing may happen again I went to the safety department to submit the report myself.
13 days later at the end of my shift my supervisor called and said he wanted to meet with me. He and the companys HS person come in and give me a memo saying I'm being terminated
immediatly. The reason given for termination was I falsified an oral report when I first called in sick, and had failed to follow established company practices by failing to report a work related injury in a timely manner.
The next paragraph states that this was my second case of untruthfulness and false reporting with the Company and at that time the incident was very serious.
When I questioned them about this accusation and requested documentation because I had never seen any diciplinary documentation against me in fact I never had so much as a verbal warning during my entire employment with either the orignal company, and definantly not with the company that had just purchaced us less than two months prior. They were not able to produce any documentation to prove this accusation because there was none. Not even in any review. According to my all my reviews my work and safety were always above average. In addition I am a 46 year old woman.Is there anything I can do?
 
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chillin

Guest
I wish you good luck, and don't give up especially if this company is with the union. I am in the same situation in similar ways but with a big grocery store business, and they put me in suspended indefinately further investigation due to health problems also, I suggest you file a claim at the eeoc a.s.a.p. Then maybe find a lawyer in employment also but, don't give up.
 
H

Hellhathnofury

Guest
No I'm definatly not giving up! This is a matter of principle!
 
R

Ramoth

Guest
The OP needs to contact her state Department of Labor. On the face of it, it looks like she's been terminated for filing a WC claim. Keep in mind, however, that this is just my opinion, and is based solely on the poster's side of the story.
 

enjay

Member
Perhaps I'm reading this wrong, but the poster called in on Monday saying she sustained an injury while shoveling snow. Then a couple of days later she said, no, my bad, it was a work injury. To me it seems she's being terminated for lying about the injury, not for filing the claim. The onus is on her to prove that she did not sustain the injury as she originally claimed and that it's truly a wc issue.
 

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