C
Charles C. Smack SR.
Guest
I sustained a hernia from a work related activity years ago and reported it to my supervisor immediately. He did nothing other than to tell me to let him know when I planned to have the surgery to repair it and that he would take care of me. I tested him immediately by scheduling the surgery only to cancel it as I found no indication that he was good on his word.
Nine years later, I had severe pain and dry heaves from a work related activity. I reported this to the same supervisor.He said take FMLA or risk termination.I was given the forms & sent home.
I was surprised by his action as I was a consecutive perfect attendence award winner and always had good merit reviews.plus I had 14 days of vacation that I could have used.The Co. has no sick leave or personal day policy that is consistant to my knowledge.All excused absence was at the discretion of the supervisor.
I saw my Dr.5 days later.She completed my FMLA documents and stated I could work light duty.I took this back to HR manager with confirmation of the work related hernia but no conformation of what caused the work related illness that put me in the position of accepting FMLA in lieu of termination.
HR director sent me home, told me she would call later & send me to urgent care center the Co. uses for work related injuries and assign me a surgeon after she spoke to my supervisor and the insurance co.
She never called.
I went to an attorney finally who tried to get them to do what was right without success.Seems the HR manager changed her story significantly.Said I told her I was in to much pain to work.Would not confirm or deny what she actually told me that day.
The attorney signed off the case stating statute of limitations among other reasons.Also said it was "to muddy."
I corresponded with Mo. Fraud & non-compliance as I have a mass of evidence to substantiate my allegations.They told me the claim was never filed and that I should do so.They sent me the forms.I was never told I could do this before.I thought the employer was responsible for this.
I filed, and now have a hearing scheduled in about two weeks.They have a law firm representing them. I can't even get an attorney interested.
What are my chances of recovery and how much if anything?
What are the chances of criminal charges being brought against my supervisor and the HR director?
Is there any other reason why fraud & non-compliance would direct me to file my case other than to establish a case for criminal prosecution, or were they just trying to get me some closure on this case?
I no longer work for this co as I am a SSD award letter disabled do to other chronic conditions.The hernia was repaired many months ago before I was ruled disabled.
I also have a case in process with Mo.Commission on Human Rights as I was not allowed to work light duty. I believe this is due to my age as younger employees with a variety of illness and injury are routinely allowed to work light or restricted duty assignments.
I on the other hand was told to accept FMLA or face possible termination.When the documents came back completed by my primary Dr.and stating that I could work light duty, I was sent home and told to wait for directions to the urgent care center.
When I later asked to return to work again, I was told I was a safety hazard and would not be allowed to return to work without releases that clearly stated I was able to work without restrictions.
I had the hernia repaired.
I went to all the MD's that were treating me plus a rheumatologist as I had extremely sore, swollen hands and a prior diagnosis of arthritis in my spine and left shoulder.
He told me I could never work as a shipping clerk again.Also told my employer. And the SSD people. The Co. had no jobs other than a custodian open that they felt I was qualified to do. It was also to intense for my hands according to my Doctor who they contacted before they contacted me about it.
The Dr.replied before I was aware of the opening.
So,I went from FMLA to terminated without ever
returning to work from the FMLA leave of absence initiated by a work related illness or injury.
My case with Human Rights is past the "offer to negotiate an early settlement" stage and into the investgative stage for months.
What is Human Rights track record in this arena? When can I expect some kind decision that is final?
Nine years later, I had severe pain and dry heaves from a work related activity. I reported this to the same supervisor.He said take FMLA or risk termination.I was given the forms & sent home.
I was surprised by his action as I was a consecutive perfect attendence award winner and always had good merit reviews.plus I had 14 days of vacation that I could have used.The Co. has no sick leave or personal day policy that is consistant to my knowledge.All excused absence was at the discretion of the supervisor.
I saw my Dr.5 days later.She completed my FMLA documents and stated I could work light duty.I took this back to HR manager with confirmation of the work related hernia but no conformation of what caused the work related illness that put me in the position of accepting FMLA in lieu of termination.
HR director sent me home, told me she would call later & send me to urgent care center the Co. uses for work related injuries and assign me a surgeon after she spoke to my supervisor and the insurance co.
She never called.
I went to an attorney finally who tried to get them to do what was right without success.Seems the HR manager changed her story significantly.Said I told her I was in to much pain to work.Would not confirm or deny what she actually told me that day.
The attorney signed off the case stating statute of limitations among other reasons.Also said it was "to muddy."
I corresponded with Mo. Fraud & non-compliance as I have a mass of evidence to substantiate my allegations.They told me the claim was never filed and that I should do so.They sent me the forms.I was never told I could do this before.I thought the employer was responsible for this.
I filed, and now have a hearing scheduled in about two weeks.They have a law firm representing them. I can't even get an attorney interested.
What are my chances of recovery and how much if anything?
What are the chances of criminal charges being brought against my supervisor and the HR director?
Is there any other reason why fraud & non-compliance would direct me to file my case other than to establish a case for criminal prosecution, or were they just trying to get me some closure on this case?
I no longer work for this co as I am a SSD award letter disabled do to other chronic conditions.The hernia was repaired many months ago before I was ruled disabled.
I also have a case in process with Mo.Commission on Human Rights as I was not allowed to work light duty. I believe this is due to my age as younger employees with a variety of illness and injury are routinely allowed to work light or restricted duty assignments.
I on the other hand was told to accept FMLA or face possible termination.When the documents came back completed by my primary Dr.and stating that I could work light duty, I was sent home and told to wait for directions to the urgent care center.
When I later asked to return to work again, I was told I was a safety hazard and would not be allowed to return to work without releases that clearly stated I was able to work without restrictions.
I had the hernia repaired.
I went to all the MD's that were treating me plus a rheumatologist as I had extremely sore, swollen hands and a prior diagnosis of arthritis in my spine and left shoulder.
He told me I could never work as a shipping clerk again.Also told my employer. And the SSD people. The Co. had no jobs other than a custodian open that they felt I was qualified to do. It was also to intense for my hands according to my Doctor who they contacted before they contacted me about it.
The Dr.replied before I was aware of the opening.
So,I went from FMLA to terminated without ever
returning to work from the FMLA leave of absence initiated by a work related illness or injury.
My case with Human Rights is past the "offer to negotiate an early settlement" stage and into the investgative stage for months.
What is Human Rights track record in this arena? When can I expect some kind decision that is final?