christinaann
Junior Member
My spouse worked for a self-insured large company in Nevada. He had an on the job injury(Hernia) in aug. 2007. He was released to light duty and within three weeks re-injured himself with a hernia on the other side. The first injury was accepted by the employer. The second was not. His boss (Direct supervisor) called him and told him to rush down and file for FMLA so he would not get fired, as the company stated if he did not return back to work without restrictions he would be terminated. He did this as instructed. He was eligible for medical leave and not FMLA. 3 weeks before the 12 weeks was up he was terminated. He was told by his company that they spoke to their attornies and they were within their legal right to fire him as they had closed the case. The first injury had not been closed as his PPD had not been completed and the second injury is being appealed. The company stated he tried to injur himself and picked up a crate, which they state he was told not to pick up. He was not told this. The only was to do the job was to pick up the crates, because they were stacked and his employer told him to do the job and that it was something on light duty he was able to do. It did not appear that these weighed that much. No further injury to the first injury sight either. There was surveilance and a witness to the injury and the company did in fact lie in the first appeal hearing. Our losses a huge...Our home, two cars, and our credit is beyond repair. Also, our electricity has been disconnected for weeks at a time. The worst part of this thing is my spouse was to move into a position upon return that paid 6.00 more per hour. He would have never lifted anything if he was told not to. Is this wrongful termination and what can we do?
Thank you
Thank you
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