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Bad Employee after injury?

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MissMolly

Junior Member
What is the name of your state? NJI live in NJ and work in Phila, Pa, so I don't know if anyone can help me here, but maybe you can point me in the right direction for advice.

I have a feeling I am going to be fired and I want to know if I'd have good reason to sue them.

I have worked for this accounting firm as an adminnistrative assistant, since last July. Back on March 2 (middle of tax season), I fell on the ice and fractured (more like shattered) my elbow. I have pins and still have a nice long screw that goes almost down to my wrist.

I should have known better than to go back soon since, when I called in to tell them I was going to the hospital, one of my bosses told me I should come in anyway, it was probably a sprain and I could take care of it after work.

I like to work instead of sitting around the house, so I went back to work on March 20. I never asked about disabiltiy and it was never offered, I just didn't get paid. It gets worse...I did work my full days plus a couple of hours of overtime at night, plus Saturdays, in a cast, until my hand and fingers started swelling beyond recognition, which was my body telling me it was time to go home. They weren't happy with that. They weren't happy with my follow up appointments with my doctor and the couple of days at the beginning April that I missed because I was in pain.

Then, on April 7, my doctor told me he wanted me to start physical therapy, 3 days a week, for 6 weeks. I told the bosses I needed to and was called into H.R. and was told they wouldn't let me go to physical therapy, that I had to call and change my appointment for 2 weeks from then and that apparently, I didn't like my job much. I told them that I WAS going to therapy, that they were talking about the use of my arm for the rest of my life for a few hours of work, that if I needed to look for another job after tax season, that was their decision. They saw the light, sort of, and we agreed that I could work part time. I did so much damage to my arm, including my hand, wrist and shoulder, that I spent over 2 hours at each therapy session, then went to work. I also spent more than 6 weeks there. At approximately week 8, I was called into H.R. again and they said we agreed to 6 weeks, why am I still going to therapy. They wanted to know when this was going to end, an exact date as a matter of fact, after 6 weeks, I should be better and he broke his ankle years ago and was recovered in 2 months. I reminded him of our age difference (he is late 20s, I am 43), plus an elbow is a lot different. I had to ask him if my arm looked better to him, I can't fully extend or flex it, nor can I rotate my wrist or reach over head yet and told him that I still had a screw in my arm (which you can see through my skin for proof) which is going to be removed and I will be right back in therapy.

The H.R. guy isn't the only one being a jerk about this, I have one boss who asks every day how my arm is (then usually walks away) when I tell him it hasn't changed because I'm afraid that if I tell him it's good, he'll be holding that against me. There are also people making comments that I did this on purpose to get out of tax season. Another boss had told me this one woman is pregnant and due in February, which is very inconvenient and I said things happen beyond our control, like breaking your arm and getting pregnant, and he actually said Well, SHE didn't do it on purpose.

What are they legally allowed to ask for as far as a doctor's note or medical records? They said they want something in detail since I went out on disability, which I didn't, I took time off. And if they are only required to have the note for disability insurance, could I claim that retroactive for the full days in March and the half 11 weeks worth of half days? Also, if they fire me, will I have a case to sue them?

I apologize for the book here, but needed to tell the entire story.
 



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