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Personnal File & Work-Related Injury

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M

Mische

Guest
What is the name of your state?What is the name of your state? Texas

I received an on the job injury to my back. Upon my firing they told me that they realize my back is hurt but I am unable to produce enough for them. And that my body can not handle the physical demand of the position. If they had more time then maybe I could but they do not have time. I never received compensation for the time off I had to take due to my injury.

Also upon firing I did not receive copies of any paperwork regarding the reasons for my termination. Nor did I ever receive copies of anything I signed with this company. I requested copies of everything from them and they have refused. And they went as far as to have their attorney call me and inform me of this information. I am needing the information for the Veterans Administration. You see I am also a Gulf War Vet. I am needing this information for them to see why I was fired from this job.

Where do I go from here?
 


Beth3

Senior Member
No Texas laws require your employer to share the contents of your personnel file with you, provide you with copies, or notify you in writing of the reason you were terminated.

I don't have any VA experience but I'm going to guess that there's some form they may be able to send the employer requesting whatever information is necessary for whatever claim for benefits you're making. You can't be the first vet with this problem. Perhaps they just need the date your insurance was cancelled. I'm having a hard time imagining why the VA needs to know WHY you were fired from a job.

As to the first part of your post (I received an on the job injury to my back. Upon my firing they told me that they realize my back is hurt but I am unable to produce enough for them. And that my body can not handle the physical demand of the position. If they had more time then maybe I could but they do not have time. I never received compensation for the time off I had to take due to my injury.), I suggest you see an employment law or worker's comp attorney. It's possible there may be some legal violations that occurred but considerably more information is necessary to offer an opinion. An attorney is in the best position to advise you.
 
J

jerzeegirl

Guest
Veterans Administration

The reason the VA might need to know why Mische was fired from a position due to a back injury is to address VA disability rating issues and/or application for retraining programs or educational benefits, among other reasons. The injury was not reported on Mische's post to be an aggravation of a service-connected injury/condition though, so it would be worth contacting the local chapter of the DAV (Disabled American Veterans) for advice on how best to carefully proceed on this particular aspect of the situation. That is by far too complicated a course for a veteran with a disability to go alone without representation. If it gets real complicated, contact a veterans attorney for assistance. www.hadit.com is a good start as an information source from which to find a list of attorneys who deal strictly with veterans law. Good luck.
 

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