Fired For On The Job Injury

[NEVADA95]

IN MEMPHIS TN...I injured my back on the job at a drug store type chain store...on 1-9-06. I went to doctor...had MRI which was all approved and paid for by insurance carrier for workman comp. then my manager started changing work schedule to much more difficult area, not within my job title which I have held for almost two years. I begged in writing for change back to regular work area and provided doctors excuse and restriction to light duty. I was scheduled for an outpatient procedure on neck...it was painful and I begged once again for a change back to reg work area. I had medical procedure on wednesday last week, went to work thursday and presented note requesting change back to reg work area, I even stated that the pain was extreme and I felt I could not be held responsible for my actions should anything happen...but i was forced to work difficult area. Pain was intense, but I finished shift. On Friday, I reported for work....it was very busy and I started having extreme pain from surgery two days before on neck. the manager on duty told me to go home, which I did. The store manager then fired me for "walking out" on job. is this actionable??????

 

[fez]

1st thing is your state employment at will. 2nd you should contact ada(americans with disabilty act) Look for a lawyer in that field in your yellow pages. What happened to you is plain old wrong on more then 1 level.

 

[phantomdriver]

Nevada is at will employment state

Fez iz right about the Americans With Disabilities Act. Call the Nevada Equal Rights Commission and ask for a complaint form. It is fairly simple to fill out. They are at 1515 E. Tropicana Avenue, Suite 590, 486-7161. In 1995, I filed a complaint and rather risk losing big, the employer settled with me for a nice sum of $. Good luck.

 

[NEVADA95]

Phatomdriver

Thank You For Info....i Will Pursue The Eeoc Angle,,,but I Am Curious...how Does A Complaint With Eeoc Regarding An American With Disability Translate To Money Value To Company???? Are They Fined For These Offenses???

 

[weenor]

The ADA only works if you have a claim that you suffer from a disability that interferes with at least one major daily activity of living and that upon notice of the disability the employer failed to make reasonable accomodations. I do not see that as a viable claim in your case.

However, Tennessee like many other states has an exception to the at will employment doctor such that an employer cannot fire you for making a workers' compensation claim. According to Anderson v. Standard Register Co., 857 S.W.2d 555 (Tenn. 1993), a plaintiff alleging that a discharge was in retaliation for a claim for workers' compensation benefits must prove: (1) the plaintiff was an employee of the defendant at the time of the injury; (2) the plaintiff made a claim against the defendant for workers' compensation benefits; (3) the defendant terminated the plaintiff's employment; and (4) the claim for workers' compensation benefits was a substantial factor in the employer's motivation to terminate the employee's employment.

Contact a local lawyer- He/she can probably take such a case on contingency without any money up front.