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  1. #1
    Join Date
    Feb 2018
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    Fired for my injury

    If i got hurt on the job and employer didn't send me to a doctor because she was planning to fire me as soon as she found a replacement. Now her lawyer said she posted the job on craiglist a day before my injury so I can't do anything for fireing me. I had no idea she was planning this. I went on my own to see my family a doctor and he gave a medical note for a five days medical leave. When I returned to work she said I had been replaced plus that I probably have arthritis and won't work ever again. Now my lawyer says I can't sue her for discriminating me because she posted the job a day before my injury. I really don't think that. Can you advice me in what to do?


  2. #2
    Join Date
    Jul 2017
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    727
    Quote Originally Posted by MMX View Post
    If i got hurt on the job and employer didn't send me to a doctor because she was planning to fire me as soon as she found a replacement. Now her lawyer said she posted the job on craiglist a day before my injury so I can't do anything for fireing me. I had no idea she was planning this. I went on my own to see my family a doctor and he gave a medical note for a five days medical leave. When I returned to work she said I had been replaced plus that I probably have arthritis and won't work ever again. Now my lawyer says I can't sue her for discriminating me because she posted the job a day before my injury. I really don't think that. Can you advice me in what to do?
    If it is true that the employer had already decided to fire you before you even got injured then the firing had nothing to do with the injury and in that case the termination does not violate the law. Listing your job on Craig’s List the day before the injury would certainly help the employer prove that it was indeed already planning to fire you before the injury.

    Note that under federal law it not illegal for an employer to fire you for missing work due to an injury unless you qualified to take leave to treat the injury under the federal Family and Medical Leave Act (FMLA). It is illegal for an employer to fire you because of a disability, but many injuries are simply temporary and do not amount to a disability. Many states do not provide any more protection for this than federal law does. Your did not tell us the state in which you work so I can't give any specific information on your state’s law. Thus, it is possible that even if the employer fired you because of the injury that the termination might still have been legal. The exact details of it would matter.

    Your attorney knows the situation far better than we do, so your attorney is the one to guide you on this. If you are unsure of your lawyer's advice on this, feel free to meet with another attorney in your state for a second opinion.


  3. #3
    Join Date
    Jun 2017
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    1,895
    Back up a bit and explain about the arthritis comments and about not working again ...and your age ...and any clues about why you were slated to be replaced....


  4. #4
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    29,247
    Quote Originally Posted by MMX View Post
    If i got hurt on the job and employer didn't send me to a doctor because she was planning to fire me as soon as she found a replacement. Now her lawyer said she posted the job on craiglist a day before my injury so I can't do anything for fireing me. I had no idea she was planning this. I went on my own to see my family a doctor and he gave a medical note for a five days medical leave. When I returned to work she said I had been replaced plus that I probably have arthritis and won't work ever again. Now my lawyer says I can't sue her for discriminating me because she posted the job a day before my injury. I really don't think that. Can you advice me in what to do?
    Workers compensation laws are state-specific and you did not provide the name of your state.

    Because you have a lawyer, however, there is not much a forum can tell you that is not better told you by your lawyer. Your lawyer has access to facts that we cannot access from this distance.

    Taxing Matters has provided you with some reasons why your employer may not have a legal obligation to pay for your work-related injury. What Taxing Matters says supports in part what you have been told by your own lawyer. If your injury is severe, your situation could be worth exploring in greater depth with a second attorney in your state, to better assess whether you have any legal recourse.

    Although an ad on Craigslist could be enough to relieve your employer of his duty to you, the wording of the ad could play a factor.

    You can, at any rate, apply for unemployment once you are able to work again. I hope your recovery is swift and complete.


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