wrongful term + comp + harassment

[chrysainia]

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

geeze where do I start... to preserve people I wont use names or other identifying things... so bear with the quote marks.

ok, my manager has always had it in for me, jealous, vindictive, sandbagging etc. very harassing and rude... now this...

we got a shipment of "containers" weighing 55 lbs 3'x16"x18" 19 of them double stacked on pallets uncovered at the back of our building, it started raining and only me and one other employee were there so we worked as fast as we could with out the proper eq (we dont commonly get shipments like this) I injured my knee, this was a Friday late afternoon. manager was not there and had an appointment for an old knee problem in an hour anyway. told her about the injury over the weekend and filled out the report on Monday morning. things started getting very odd... I ended up in a whole heap of pain called a manager above her and was going to resign, he convinced me not to... to bear with her and trust in him, I accepted. the pain in my knee became unbearable, couldn't even go down the stairs without my husbands help. I got an appointment as soon as I could with a local dr. I was still debating on weather it was all worth it to go back so I forgot to get the note. even though she said she saw why I wasn't at work (pain level) I got a message that I didn't call or show for the past few days, which is untrue but hard to prove. they took her word over mine... that if I didn't report to her by the end of the day that I would be termed, I complied and also informed big boss that I called her. but its a corp... I got a note for the first 3 days and a clearance to go back super light duty (cant stand for more than 2 mins, etc etc..) but dr no longer supported me in time needed to heal and had a whole different tune than before. talked to my manager she told me she checked and I could come back, got there to find I could not even clock in, I was on lock out status. I was informed that with out the note I could not return, dr wont give me one, I found out that my manager has slandered me to my physical therapist office, drs office, clients, townsfolk etc etc... my company I just found out even tried to reverse my paycheck (the whole thing) leaving me with a 25$ overdraft fee, no letter, no phone call no nothing, I am supposed to have till Monday to get this note but she has poisoned my drs office against me, she literally got with my dr and lied about me, my duties and what allowances they would make for me on light duty. I am at a loss... sorry for the long winded post

other oddities to my case, my MRI is Monday to compare to the old MRI to see if this was in fact work related (new injury) or if I tweaked the old one, I am not receiving any comp benefits at this time and not currently using the insurance till I and they know if it is in fact new.

 

[eerelations]

You need to call your former-about-to-be-current employer and advise you have a workers' comp injury and they need to file the required paperwork. If they refuse, contact the federal and your state DOL.

I don't see where you've been harassed illegally.

 

[chrysainia]

You need to call your former-about-to-be-current employer and advise you have a workers' comp injury and they need to file the required paperwork. If they refuse, contact the federal and your state DOL.

I don't see where you've been harassed illegally.

I have a claim number through my company for the comp, she slandered me to my drs office, its a small town and I cannot find another dr none of them are taking patients. so she made it to where I cannot receive a note for the 3 days I missed. I forgot to mention I had been put on light duty by dr for 2 weeks due to the injury and she put me on physical therapy

so its within the law for a boss to slander their employee? I admit I didn't go into detail about her harassment, I see that I left part out I thought I put.


the harassment would be calling my family to check up on me when I had to leave the office to do her job even though I informed her of where I was, she was also rude to them and hung up on them on more than one occasion. and having her husband follow all them employees around to make sure we are doing our jobs (even off duty)... she lies to her superiors about us claiming all the crap she is doing is in fact us. she has also made multiple comments concerning my and my fellow employees age, that she could never consider us equals or adults. I am 26 my coworker is in his 20's as well. she is of the baby boom generation

I thank you for your reply

 

[chrysainia]

update: I finally acquired my claim number from the insurance and have left them the message to please contact me regarding the situation

 

[>Charlotte<]

so its within the law for a boss to slander their employee? I admit I didn't go into detail about her harassment, I see that I left part out I thought I put.

Not all harrassment is illegal harrassment. Illegal harrassment is very specifically defined for the purposes of legal action against employers, and your complaint doesn't appear to meet that criteria. Employers are, to some extent, allowed to be jerks.

 

[chrysainia]

ok, lets put the harassment aside, cause the big problem I am trying to deal with is the fact that I got injured, pretty bad actually... and she has turned my dr against me and lied to my corp. offices so I WILL be terminated, leaving me with medical bills, lack of job as I am on light duty and no one hires someone on light duty from injury that has not been resolved with another company. she has lied to them clear up to the corp safety department, area and district managers, HR, and regional secretary. they don't believe a manager would lie to them about such things so its my head on the block.

please any advice concerning at least the comp situation would be great

thank you

 

[>Charlotte<]

please any advice concerning at least the comp situation would be great

eerelations already gave you pretty good advice on that:

You need to call your former-about-to-be-current employer and advise you have a workers' comp injury and they need to file the required paperwork. If they refuse, contact the federal and your state DOL.

Someone else may have further advice for you, but it tends to be a little slower around here on weekends.

 

[Willlyjo]

ok, lets put the harassment aside, cause the big problem I am trying to deal with is the fact that I got injured, pretty bad actually... and she has turned my dr against me and lied to my corp. offices so I WILL be terminated, leaving me with medical bills, lack of job as I am on light duty and no one hires someone on light duty from injury that has not been resolved with another company. she has lied to them clear up to the corp safety department, area and district managers, HR, and regional secretary. they don't believe a manager would lie to them about such things so its my head on the block.

please any advice concerning at least the comp situation would be great

thank you

Your post is a bit unclear. What is the doctor doing/not doing in regard to your injury?
If the doctor says you can't work, then they can't fire you at this time because you can't work. Even with an old injury, if you reinjure (tweak) it at work, then it is a Workers Comp. Now if your doctor said you can go on modified work, then he has to give you a slip documenting this fact. If your doctor isn't giving you this slip for whatever reason and you get fired for not presenting this slip to your employer, then it seems the doctor could be liable.

Also, if I understand this right, you need a slip to cover the 3 day period you were gone. Did your injury happen before this 3 day period and did you get treatment right after your injury? If so, then the doctor has to give you a slip documenting this. If you went home after the injury and failed to consult a doctor and/or failed to call in, then they may try to fire you as a result.

 

[mlane58]

If the doctor says you can't work, then they can't fire you at this time because you can't work./QUOTE]They most certainly can. If the employe is unable to return to work and perform the essential fuctions of the job, then they can.

Now if your doctor said you can go on modified work, then he has to give you a slip documenting this fact. If your doctor isn't giving you this slip for whatever reason and you get fired for not presenting this slip to your employer, then it seems the doctor could be liable.

How is the doctor going to be liable?

Also, if I understand this right, you need a slip to cover the 3 day period you were gone. Did your injury happen before this 3 day period and did you get treatment right after your injury? If so, then the doctor has to give you a slip documenting this. If you went home after the injury and failed to consult a doctor and/or failed to call in, then they may try to fire you as a result.

Can you quote the statute for your lame opinion?

 

[cbg]

Willyjo never quotes statutes, doncha know. He seems to think there's something demeaning about having to actually support his position. We're all supposed to take his word without question. He either doesn't realize, or doesn't care, that posting opinions contrary to those who actually know what we're talking about and then refusing to back them up makes him look like a no-nothing idiot, despite his evident belief that he's putting us in our places with his allegedly impeccable logic. Which is more like illogic, but he doesn't realize that either.

 

[chrysainia]

just to clarify...

I got medical treatment the same day for my injury, but due to my prev injury there was some question as to if it was my jobs liability so I paid for it. I was under dr care when I didn't go to work for the 3 days, but when I asked dr to fax note in to work I was told no and that I needed to return to work after them saying they saw why I want, this was due to a bunch of smack my manager told them.

I guess what I am missin is what/which paperwork do I need to have them file?

so I guess what I am seeing is that I am over a barrel. my manager is a dits and hadn't even sent in the notes I do have, I did stay there off duty long enough to insure she faxed them in to the safety department.

 

[>Charlotte<]

blah blah blah

In case the two week suspension didn't give you a clue, your idiocy is not going to be tolerated any longer. If you want to try for a permanent ban, that's fine with me.

 

[eerelations]

chrysainia, the employer needs to file a claim on your behalf with its workers' comp insurance company. If the employer doesn't do this, you need to report the employer to the federal or your state's DOL.

If the employer does file a claim with its workers' comp insurance company, and then the employer fires you for having a workers' comp claim, then you need to report the employer to the federal or your state's DOL.

Finally, do not under any circumstances pay any attention whatsoever to anything willyjo may have to say.

I hope that's clear enough for you.

 

[pattytx]

One point of clarification. The state DOL does not enforce Work Comp laws.
http://www.hsd.state.nm.us/ohr/employees/workerscomp.html