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Wrongful termination

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jpayne

Junior Member
What is the name of your state (only U.S. law)? TN
I was employed by a tile manufacturer in marketing for almost 9 years. I created an entire merchandising program and oversaw the operations. Approx 2 yrs ago I had to have surgery on my back and complication arose. When I woke, I could not move my left leg. I was in the hospital for 3 wks. My co had paid disability but I went over the number of days and was not being paid so I went back to work after 4 months. Right before I left for med leave, my boss, the VP of Mktg was fired. During my leave, I was told a number of times, they couldn't wait for me to get back - they didn't like merchandising and dealing with vendors, etc. Then, less than 2 weeks back, I was told I was being moved into another position. This new position had no responsibility and long story short, could be done by a monkey.
As time went on, I had the feeling I was being set up to be discharged. My work was never in question but, after all the stress I was under, I was quiet and did not socialize. I was called into the 'new' dept head's office and told I was being unsocial, and they had problems with my personality. ??? During the time I was medical leave I had also fallen and fractured my wrist and surgery was done but not correctly. I was having trouble with it so I now had to have reconstructive surgery on my RIGHT wrist. I filed medical leave papers again, my surgeon said I would be out for 6 weeks min. Only 1 week of this would be paid leave. I was concerned about the length of time I would be off so I contacted the dept manager and I needed to take care of myself.
My doc released me to return to work after 3 wks in my cast however, my employer refused to allow me to return and asked I obtain a statement from my doctor stating I would be off until my next doc visit when my cast would be removed. I did as I was asked and HR said that was what they needed. In the meantime, I was trying to make arrangments to continue my insurance etc. and pay the prem when I returned to work. This comm was on the 15th of Nov.
On my next Dr visit, my cast was removed and I obtained a release to return to work with the only restriction of no lifting over 15# w/ right hand. No pblm - job didn't require it. When I called HR to ask if they wanted me to drop the release off or just bring it into work the next morning, I was asked if I hadn't received the letter they sent... No ???? What letter. Certified letter terminating me on the 16th. Also stating I could not reapply unless I had no physical limitations...
Sorry for the novel, but isn't this a violation of EEOC. TN is a right to work so they don't have to have a reason to terminate but physical reasons is federal law ???? I'm trying to decide if I should file a law suit with the EEOC.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
How many days/weeks were you off in a 12 month period? FMLA protects your job for 12 weeks only.
 

cbg

I'm a Northern Girl
Right to work has NOTHING to do with this situation. Right to work means you cannot be required to join a union to get work. Yes, Tennessee is a right to work state, but that's got nothing to do with your issue. Tennessee is ALSO an employment at will state, and THAT'S what gives the employer permission to fire you unless there is a specific law prohibiting it.

The law does NOT say that any and all physical reasons are protected. Is the damage to your wrist considered temporary or is it permanent?
 

jpayne

Junior Member
My wrist injury was temp. I have completely recovered. I was off approx 10 weeks in a the 12 month period. I did contact the EEOC and they believed I had a case however, does filing and winning only mean that I will get my job back & is going back really the best answer?
 

cbg

I'm a Northern Girl
Since your condition was temporary, the ADA does not apply. I'm not sure on what basis anyone is seeing a "good case".
 

jpayne

Junior Member
but doesn't the fact that they did not allow me to return to work while I was in a cast, with a doc release, doing exactly what I did...go against the statute that declares min allowances be made? My job description did not change.. only the dept head. Actually when I sited the statute, the HR froze up and has refused to discuss anything. They even told the other people in my dept that they could not contact me. Two others (both upper upper mgmt) were forced out in the same manner and they ended up committing suicide.
 

jpayne

Junior Member
and please understand, I am not disputing what you said, I am actually looking for other view points so I know exactly what I need to consider. Also, sorry for the typo, but it was my dept mgr that told me to take care of myself.
 

jpayne

Junior Member
sorry, another piece of the puzzle is they fought my unemployment stating I was unable to return to work even though my doc had released me and they refused to accept my return.
 

cbg

I'm a Northern Girl
No, allowing you to come back does not automatically mean they're required to provide an accomodation.

However, I agree that you MIGHT have a FMLA violation. It is by no means a sure thing and the EEOC does not handle them, but you could take the advice above and talk to the US DOL, which does.
 

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