Workmans Comp. Questions. Experienced, serious people only please...?

So I started a new job as a plumber on July 17th. After my thirty days I got a 2.00 an hour raise and told I was next in line for apprenticeship school. Anyway, I got hurt on the job and had to file workmans comp for a knee injury. (not a serious injury) It just required a little recovery time and some physical therapy. I took off work starting Sept. 4th. Well, Today after I got back from the doctor I called my manager to check in, and he said that he was sorry but he had to let me go. He said that the workload has (coincidently) dropped off and there was no need to keep me on. I was told that your job could not fire you for a workmans comp issue. I am wondering if anyone has been in this situation? What did you do? I know he says the workload has decrease but he just gave me a 2.00 an hour raise 3 weeks ago. That doesn't say to me that he was planning on letting me go. Can I fight it? Who should I contact? ie; BBB, or Wage an hour?

-Desperately seeking answers.

srmainman

I would contact the Wage and Hour division of your local Federal Labor Relations board. They can tell you if any laws were violated, and can possibly represent you if that is the case. If that isn`t resolved satisfactorily, I would consult with a private lawyer who specializes in labor laws. Your local chapter of the American Bar Association can provide you a list.

redvelvetflames4ever

Once upon a time if you were out on WC the employer had to hold your job for a minimum of 5 years. Not anymore and unfortunately an employer can let you go if it is due to lay-off's or due to the workload and it is an absolute necessity to have your position filled. Your only legal remedy would be if you were covered under one of two things:

1 - The Family Medical Leave Act and based on what you wrote I doubt you are eligible (minimum 1 yr employment, worked 1,250 hours, and organization has 50 or more employees.)

2 - Company policy that allows leave for "x" amount of time due to illness or injury and you did not exceed that leave time.

Wage and hour division of the Department of Labor does not oversee WC cases nor does the Better Business Bureau as that is an agency you report fraudulent business practices as a consumer and not an employee.

It is never a good idea to terminate an employee who was out on WC since they can bring legal action against the employer on the grounds of wrongful termination, but if your employer can prove any of the following:

"(1) the employer is severely shorthanded, other employees could not cover the work, and the employer could not replace the worker without expensive training of others; (2) violations of important company policies (e.g., drinking on the job); (3) chronic absenteeism and failures to report to work or call in; (4) failure to keep employer advised of condition and date of anticipated return to work; (5) the employeeï¿½s substandard work performance; (6) the employee was unable to do the work (or any substitute work) at the company due to the disability. As a practical matter, an employer must establish that it had good cause to terminate an employee after learning about a workplace injury (even for at-will employees)."

It sounds as if your employer terminated you for reason number 1. This is not to say you still cannot speak to an attorney and see if grounds exist for you, but based on what you wrote it is highly unlikely.

Squat1

From what you wrote, it appears that you were terminated for "lack of work" not for having a WC claim even though there were close together.

I would contact your employer for questions.

Allison P

He can't fire you for that, and until your injury is resolved, WC must continue to pay. You can seek an attorney who deal with WC claims. They don't ask for payment until the case settles or is decided by the commission.

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