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Was injured on Job was fired!!

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swayze80

Junior Member
What is the name of your state?Co
On dec 7th I was injured on the job. I went to the ER room that night since I work evenings. The doc told me to take dec 8th off gave me doc note. I returned to work gave my sup the doc note. On dec 8th I called the nurse and she told me I could not take the day off she needed to know my limitations to work. She sent me to the OMP dr. I went to the dr. I was told that I had injjured the nerves in my neck. The dr gave me a sling and some meds. I returned to work with my info from OMP and gave to the nurse, she expected me at work at 4:30. I went home and my neck was spasming so I took the meds the doc gave me. I became tired and fell asleep, I woke around 6:00 pm and called my sup to tell him i was on my way. He insisted I could stay home. I said then I wont get paid. I then realized I was to sleepy to drive, I called the call-off line a little while later. I went back to sleep. On dec 9th I went to work as usual, I talked to my sup and he joked about me calling off. On dec 10th I went to work and they said HR needed to talk to me. I was told I was terminated due to NO Call No show on wed the 8th, that I did not call in the window allowed to call off. The Hr rep indidcated I was seasonal and it was almost over anyway. I am still hurt and have no job. What do I do...
 
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cbg

I'm a Northern Girl
File for unemployment.

A note from the doctor telling you to take the day off does not (a) require the employer to give you the day off or (b) excuse you from following the appropriate call in procedures.
 

swayze80

Junior Member
I gave note to sup

I gave the note to my sup and he said see ya thursd, he made a copy of it. . Point 2 when I caled the call-off line wed . I talked to him and he said to take the night off.
 

cbg

I'm a Northern Girl
Point three - doesn't matter. (a) A doctor's note has no force in law. (b)If company policy requires that you call in within a certain window and you didn't, the fact that your supervisor told you not to come in doesn't mean that they can't fire you for violating the policy in the first place.
 

swayze80

Junior Member
So I have no rights

So your saying? I was hurt on the job and due to the injury is the reason I called off. Should there not be an exception since I was injured on the job and the likelehood of me calling off would not be an issue if I didnt get hurt.
 

cbg

I'm a Northern Girl
They cannot fire you BECAUSE you filed a workers comp claim. But they CAN fire you for failing to follow call in procedures, regardless of whether you were hurt at work or not. I don't know how to make it any clearer.

Just because you were hurt at work does NOT excuse you from following company call in procedures, and does NOT give you a free pass to violate policy.
 

tjr5150

Member
she expected me at work at 4:30. I went home and my neck was spasming so I took the meds the doc gave me. I became tired and fell asleep, I woke around 6:00 pm and called my sup to tell him i was on my way. He insisted I could stay home. I said then I wont get paid. I then realized I was to sleepy to drive, I called the call-off line a little while later.
You said you woke up around 6:00pm but you normally work at 4:30pm?
If you work at 4:30pm and woke up at 6pm you have already passed the window for calling in sick for the day I would think..
I would also say that the employer does not have to give leway for a no call no show hurt or not, you might still be able to file a claim I live in colorado and was let go after my injury to but there was no other place they could put me and even know i was let go work comp still pays me and it has been a 1yr and a half and 2 surgeries still trying to heal up
 

swayze80

Junior Member
Actually

I have a lawyer now thanks for the feedback, He says diff. but tx for the input C. I now understand what I have to do thanx :)
 

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