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Injured on the job

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Rapidfool

New member
Calif. Amazon seasonal delivery driver hurt hip on the job . Went to Amazon Dr. X-rays were taken and Dr. Says degenerative joint disease says not an industrial accident. Dr never examined me or tested hip .says to resume work no restrictions. Can not walk and do activities of job. No accommodations.
Attendance policy was reason for termination. I got 2nd option from my Dr. She wrote employment note stating that injury needs further evaluation before in is safe to work .MRI orthopedic referral. I sent Dr note to Hr . But continued to receive pts.I called daily and was told that I would not be fired.. received email termination letter 12/27/19 received call 12/25 from Hr Xmas good news?
Nope Amazon put coal in my stocking by personally calling me to terminate..
Have comp claim filed and comp insurance medical denied .Do I have a solid wrongful termination case?
 


Taxing Matters

Overtaxed Member
How long had you worked for Amazon and in the last year how many hours have you worked for the company? Federal and California both have a family and medical leave law that guarantees you up to 12 weeks of unpaid leave in a 12 month period in order to get treatment for a serious medical condition of the employee or for the employee to provide care for close family member who has a serious medical condition as well as for caring for newborn child of the employee. An employer can require an employee to use both the federal leave and California leave at the same time, so you can't stack them and get 24 total weeks off. It's limited to 12 weeks total.

But to qualify you have to have been employed by the company for at least a year, work at a site of the employer that has at least 50 employees working within 75 miles of that site, and the employee has to have worked at least 1250 hours during 12 months immediately prior to when the leave is to start.

If you qualified for the leave and the company terminated you for taking leave you were entitled to take then the termination was wrongful. But if you did not qualify for the leave then the employer is within its rights to terminate you for missing work. Worker's comp doesn't guarantee you a job; it simply pays you benefits for on the job injuries.

For more see the U.S Department of Labor Family and Medical Leave Act (FMLA) fact sheet. While the coverage (what things you can use the leave for) of the California law is a bit different , the same qualifications (i.e. having been an employee for a year, the 1250 hours worked, and working at a site that has 50 or more employees in a 75 mile radius) are the same for both.
 

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