Can I get lost wages?

[gkisystems]

What is the name of your state (only U.S. law)? Illinois.

I was recently laid off. When I asked why, they would not give me an answer other than my position has been eliminated. According to the paperwork I was given, the company lays people off for one of three reasons:

1. The company no longer has a need for that position.
2. The employee's skills are not aligned with what the company needs.
3. The employee's performance.

I believe it is not #1 because the company continues to hire new people for the exact same position I had. I believe its not #2 because my resume & skill set is substantially similar to all the other people in my position. Therefore, I assume it's #3. However, my last performance review was very good.

It is my belief that the company axed me because I've been taking a lot of time off from work for medical treatment due to a car accident. Additionally, my performance since the accident declined due to Rx medication I was taking. Here are my questions:

1. Can the company do this legally? I think they can, but I'm not 100% sure.
2. Is the auto insurance company liable for my lost wages until I find a new job?

 

[wyett717]

This would be more pertinent to the Employment Law section. But in short answer, yes they can do that, and it is perfectly legal.

 

[gkisystems]

This would be more pertinent to the Employment Law section. But in short answer, yes they can do that, and it is perfectly legal.

I'm more interested in obtaining an answer to #2.

 

[ecmst12]

No, you can't get lost wages unless you are physically unable to work due to an injury. That you were laid off is a coincidence.

 

[gkisystems]

No, you can't get lost wages unless you are physically unable to work due to an injury. That you were laid off is a coincidence.

Arguably, I was laid off because I was unable to work effectively due to an injury or at least as effective as before I was injured.

 

[wyett717]

Arguably, I was laid off because I was unable to work effectively due to an injury or at least as effective as before I was injured.

The reason your employer gave for the layoff was that your position had been eliminated, which has nothing to do with the accident. Your speculation about the reasoning doesn't make the insurance company liable.

 

[ecmst12]

Good luck proving that.

 

[wyett717]

Interesting...I've not yet heard of anyone trying to prove their own performance decline.

 

[ecmst12]

If you qualify for FMLA, it is illegal for you to be fired for taking time off for an injury - as long as you have not exceeded your 12 weeks. IF you have evidence to prove that, you can file a complaint with the federal DOL. It will have nothing to do with your injury claim.

 

[gkisystems]

If you qualify for FMLA, it is illegal for you to be fired for taking time off for an injury - as long as you have not exceeded your 12 weeks. IF you have evidence to prove that, you can file a complaint with the federal DOL. It will have nothing to do with your injury claim.

How are the 12 weeks calculated? For example, I was leaving work intermittently instead of a block of time. I believe I took one full day off and had multiple days where I took 2-3 hours. When you add everything up, it is less than 12 weeks.

Also, I think I can prove my performance decline vs. the job simply being eliminated because they hired a replacement for me. I have doctor's notes saying I'm unable to do complex cognitive functions while on medication as well.

 

[>Charlotte<]

It would really help if you'd keep everything in one thread instead of creating multiple threads for the same issue. One thread ensures a chronological inclusion of all relevant facts and also enables responders to see the opinions and statements of others.

 

[ecmst12]

I think you were already advised that you should have taken a leave of absence as long as you were on the medication, rather then continuing to work and do a poor job, which is NOT a protected activity, nor do I believe you can then blame your firing on the accident, since it was due to YOUR poor decision to continue attempting to work when you were unable to do so.

 

[gkisystems]

I think you were already advised that you should have taken a leave of absence as long as you were on the medication, rather then continuing to work and do a poor job, which is NOT a protected activity, nor do I believe you can then blame your firing on the accident, since it was due to YOUR poor decision to continue attempting to work when you were unable to do so.

True, I did not work on days while medicated after completing the FMLA paperwork with my employer. Before that, I did - as I would not be covered by FMLA at that time.