Fired while on worker's comp???

[maryjo]

I already did, but her it is again with your statement highlighted:

That says it right there. You are only reading what you want to read. It says I turned in my resignation and asked to go PRN. I was resigning from being a supervisor and asking to go PRN and was told that I could be PRN. I was not resigning from the entire agency.

 

[Zigner]

That says it right there. You are only reading what you want to read. It says I turned in my resignation and asked to go PRN. I was resigning from being a supervisor and asking to go PRN and was told that I could be PRN. I was not resigning from the entire agency.

You resigned your position and asked for a different position. They chose to accept your resignation and NOT assign you to a different position. You resigned.

 

[justalayman]

maryjo;3062402]I havent been out of work.

I know that. Did you even read what I posted?


.

I was never told to take time off due to my injury

but it appears that due to your limitations (and do you not recall when you wrote: She kept saying that with my limitations she didnt have any place to put me.

that would mean you would not be able to be at work, correct?


If you believe you have been treated illegally, find yourself a labor law attorney and speak with them.

 

[maryjo]

You resigned your position and asked for a different position. They chose to accept your resignation and NOT assign you to a different position. You resigned.

Wrong. They DID assign me to a different position. First they said I could be PRN and then they told me I could be a full time floater. Just as of June 8th they told me I would be a full time floater, I would be working at two specific houses and told me what my pay rate would be.

 

[maryjo]

I know that. Did you even read what I posted?


.but it appears that due to your limitations (and do you not recall when you wrote: She kept saying that with my limitations she didnt have any place to put me.

that would mean you would not be able to be at work, correct?


If you believe you have been treated illegally, find yourself a labor law attorney and speak with them.

I did read what you posted. I was responding to you. I was letting you know that I had not missed work, nor would I have missed work, due to my limitations. I had already worked three weeks with those same limitations and had fullfilled all my job duties. And just last Friday I was told they did have a place for me. I was told where I would be working and how much I would be getting paid.

 

[Zigner]

Wrong. They DID assign me to a different position. First they said I could be PRN and then they told me I could be a full time floater. Just as of June 8th they told me I would be a full time floater, I would be working at two specific houses and told me what my pay rate would be.

See justalayman's post above.

 

[csi7]

When you are resigning from a position as a supervisor, it is still considered a resignation of position.

If the normal company policy is to attempt to place you in an alternate position, that's an option.

However, it is NOT a requirement that you be kept employed.

 

[justalayman]

I did read what you posted. I was responding to you. I was letting you know that I had not missed work, nor would I have missed work, due to my limitations. I had already worked three weeks with those same limitations and had fullfilled all my job duties. And just last Friday I was told they did have a place for me. I was told where I would be working and how much I would be getting paid.

apparently they were mistaken as to your limitations. You never did respond to my query as to when and to whom you gave your doctors statement regarding the limitations.


and if you were responding to me, it becomes obvious you did not read my post. I'll re-post what you seem to have missed:

The problem; to attempt to consider this, I would think it would have to be based on an anticipated period of absence.

 

[maryjo]

When you are resigning from a position as a supervisor, it is still considered a resignation of position.

If the normal company policy is to attempt to place you in an alternate position, that's an option.

However, it is NOT a requirement that you be kept employed.

Except that I was already promised an alternate position last week and the only reason they "fired" me last week was because I am on worker's comp. With limitations that they have known about for 3 weeks and which have not once prevented me from doing my job.

 

[maryjo]

apparently they were mistaken as to your limitations. You never did respond to my query as to when and to whom you gave your doctors statement regarding the limitations.


and if you were responding to me, it becomes obvious you did not read my post. I'll re-post what you seem to have missed:

There was never any anticipated period of absence. I had already worked for 3 weeks with the same limitations.

I turned in my paperwork to the financial person who handles all the worker's comp cases. And the executive director knew my limitations after the first doctor appointment because she called me the next day and I told her myself what my limitations were.

The job I did as supervisor was not very different from doing direct care. We are required to do at least 4 hours of direct care a day during the week and our entire shifts (often 12-14 hours) on the weekends are nothing but direct care. I had still continued doing my job with the exception of carrying or lifting anything heavy.

 

[justalayman]

maryjo;3062419]There was never any anticipated period of absence. I had already worked for 3 weeks with the same limitations.

well, I guess when the boss said:

She kept saying that with my limitations she didnt have any place to put me.

you can anticipate there would be a period of absence hence my statement of an anticipatory action..

I turned in my paperwork to the financial person who handles all the worker's comp cases. And the executive director knew my limitations after the first doctor appointment because she called me the next day and I told her myself what my limitations were.

verbal communications mean nothing. Until she received a copy of the written doctors statement or at least that it was received by somebody within the company, she was not given official notice.

The job I did as supervisor was not very different from doing direct care. We are required to do at least 4 hours of direct care a day during the week and our entire shifts (often 12-14 hours) on the weekends are nothing but direct care. I had still continued doing my job with the exception of carrying or lifting anything heavy.

with the exception of carrying or lifting anything heavy.


Hmm, seems like you actually could not perform your full list of job requirements and she did state that given your limitations, she had no work for you. Sure seems like she was anticipating a period of absences for you.


anyway, I'm done here. Tired of repeating myself. As I said before, if you believe you have been treated illegally, consult a labor attorney who can review the situation and advise you.

 

[Ohiogal]

Except that I never put in a notice to quit.

I put in a 4 week notice to go from supervisor to PRN.

Then I changed it from PRN to full time. And that was accepted and I was told I could be full time.

A week or so later I was told that after my notice was up on the 22nd I would be a full time floater and my pay rate would drop on the 23rd. I was told I would probably have to do the job I was going to do after my notice was over during the last week of my notice (instead of working as a supervisor) but I would still be paid as a supervisor that week.

There was never any discussion of me quitting. My notice was not a notice to quit. I was not quitting as of the 22nd. I was only going to be changing positions and pay rates.

So you will be on the as needed schedule AND you will not be needed. Does that make you feel better? They aren't firing you. They are going to put you on PRN and then put you in places that don't involve any heavy lifting. However there probably aren't many PRN positions that do not involve any heavy lifting.

 

[maryjo]

well, I guess when the boss said: you can anticipate there would be a period of absence hence my statement of an anticipatory action..


verbal communications mean nothing. Until she received a copy of the written doctors statement or at least that it was received by somebody within the company, she was not given official notice.

with the exception of carrying or lifting anything heavy.


Hmm, seems like you actually could not perform your full list of job requirements and she did state that given your limitations, she had no work for you. Sure seems like she was anticipating a period of absences for you.


anyway, I'm done here. Tired of repeating myself. As I said before, if you believe you have been treated illegally, consult a labor attorney who can review the situation and advise you.

You wouldnt have to keep repeating yourself (as I have also been doing) if you were as interested in the fact as you were trying to be right. I have told you repeatedly that I told them the day after my first appointment. I went to the office and turned in the paperwork that showed my limitations. I also turned in my paperwork after my second appointment two weeks later. I also spoke with the executive director and told her what my limitations were.

My job doesnt require me to lift anything heavy at this time. And if it did, I had numerous other people I could ask to do it for me. Its amazing that I worked for 6 months being in pain and did my job, and did it well. I worked for 3 weeks and did my job, and did it well, while on limitations.


I have NEVER been fired from a job. I have never filed unemployement or even worker's comp before. I have never been on government assistance either for the record. I have been holding down three jobs for over a year now. One job I had been at for 6 years. One job I have been at for over 20 years. I am a very hard working, dedicated employee who has consistantly put my job responsibilities before any thing else in my life. I have to be forced to take my days off or take vacation. I would have rather been at work than anywhere else. I didnt want to even step down there except I had gone as far as I could go and I realized I needed to be there for my son some since he had grown up while I had been working. I guess that makes me a horrible person.


You know, I have used this site for years. I knew the "rules" and how not to piss off the "regulars". But yall have gotten so childish its pathetic. You all just want to be right. You dont want to read anything in length and then you dont understand what was posted. Hmm...maybe if I had been allowed to keep all the details I originally posted there wouldnt be so much misunderstanding. Maybe if you had read what I wrote with the idea of helping instead of trying to brow beat me then I could have actually gotten some real help. Maybe if you were as intent on helping me as you were on trying to trip me up and prove that I was lying about my situation I could have gotten some real help. I have suggested this site to so many people over the years. That wont happen again. Its clear there is nothing but children running around on this site. Nothing but internet bullies hiding behind their monitor. This website is nothing more than a joke now.



And dont worry. I will in fact get REAL legal advice from a professional lawyer.

 

[justalayman]

Maybe if you had read what I wrote

ditto

And dont worry. I will in fact get REAL legal advice from a professional lawyer.

wow, maybe you did read what I wrote.

 

[Willlyjo]

It was made quite clear that I would NOT be leaving the agency at all. From the beginning. I was never QUITTING. I was going to go PRN which means i would still be employeed and could work whenever they needed me, if I wanted to. We have a couple of PRN employees that get to work whenever they want to. Since I didnt get the two other jobs I asked to change from PRN to full time AT THE END OF MY NOTICE which was supposed to be June 22nd. I was told that I could go to full time. And then a plan was made for where I would be working AFTER the end of my notice. Only it would be starting before the end of my notice. They would pay me my supervisor's pay until the 22nd and starting the 23rd I would have a drop in my pay. Why would three of us be planning for what I would be doing AFTER the end of my notice if they thought I was quitting. Which I never did?

Basically, what I get from reading your post is that you filed a Worker's Comp. claim for "continuous trauma" to your back and then you resigned from your job. Having found that the new job didn't materialize, you tried to get your old job back, but they reasoned that you could not do the work based on your restrictions. They DID tell you that you were not being terminated.

I'm thinking that once you finish treatment, if you should improve enough to perform your duties as THEY require, you will be placed back into your previous position. You don't say if they gave you any paperwork describing the fact they didn't fire you, but I suggest you get all the documentation regarding that statement that you can.

It may be possible that when you are MMI (maximum medical improvement), you still will be unable to perform the duties of the job. In that case, your Worker's Comp. benefits may allow you some kind of retraining or voucher for retraining so you can make a career change. Since you can't work, I'm thinking that you are getting disability since it appears your employer has accepted liability for your continuous trauma work-related injury. Good luck to you!