bluepanda
Posts: 328
Joined: 12/12/2005
Status: offline
|
quote:
ORIGINAL: defiantbadgirl
quote:
ORIGINAL: angelikaJ
you kind of dropped the ball when you let them make changes in your initial status re: the health of your back.
I had to agree that I could work at all the places or be terminated on the spot. I had no choice. With Sir's meager income, I have to bring money into the household. I think they want me to screw up my back and try to file workers comp so they can fire me.
That's the last thing they want, trust me. If you're on worker's comp for an employment-related injury, they can't fire you. They have to carry you until you're rehabilitated to the point where you can work again. And even then, if they fire you after you go back, they have to be able to demonstrate it was not for reasons related to your injury.
quote:
ORIGINAL: defiantbadgirlThat's why they are lying about the position being open that won't injure my back. In fact, since I didn't voluntarily quit (which is what they were hoping for), they may tell all the house managers not to call me when they need someone to fill in. No hours means no pay and basically forces me to quit.
That's probably what they're trying to do, but you have some cards to play in this game. They knew you had a back injury when they hired you, and they took you as you were. You've got a lot more of the upper hand here than I think you realize, and they know it. That's why they're probably going to try to push you into quitting.
I don't know anything about the laws in your state, and i don't know enough about your employment status to give an informed opinion, but offhand I'd say there's a very good chance you're covered under the ADA and possibly eligible for FEMA leave and disability. In addition, in some states you'd be eligible to quit your job and collect unemployment on the grounds that you have a serious medical condition that is made worse by your job, you've given your employer timely notice of your condition and asked for duties that would not endanger your health, and they've refused. In a worst case scenario, that may be an option for you to fall back on. But you really need to find a way to consult with an attorney. If you can't find a free or low-cost legal aid clinic, many urban areas have "ask a lawyer" radio shows that would give you a chance to call in and ask an attorney for some basic guidance. At the very least, they could tell you where to point your google and do some research on your own.
At this point, what I would do if i were you is document as completely and as accurately as you can the entire sequence of events that has led to this point. If you don't have a complete paper trail to support your account, that's fine. Don't worry about it. Just do your best to document the dates (as accurately as possible) on which you had every conversation with your supervisors, and what was said in those conversations. If you're unsure of any dates, make sure you note that it's an approximation ("In the first week of November, on or about Tuesday the 4th, I told Mrs. Whatshername that my back hurt when I lifted such-and-such patient. She replied that the company could not make any special allowances for people with..." Or whatever). I would do that now, immediately, before the details have a chance to fade from your memory. It's very unlikely that your employer has been documenting this situation as thoroughly as I'm suggesting you do, and if it comes down to a legal proceeding and your documentation is more thorough and seems to be in good faith, that will usually give you an advantage. Not always, but often, depending upon the type of proceeding (worker's comp, unemployment, etc.). Especially make note of any conversations in which you felt you were coerced into making any agreements or compromises under duress. Bottom line is, if it ever gets to court a lot of this will come down to who's more credible, you or your employer. You want to be able to establish that you've made every attempt to take the high road and act in good faith.
That's all I can think of for now, because I just had a friggin' 4-hour root canal this afternoon and I'm starting to get a little burned out. If I can think of anything to add later, I'll try to chirp up. But good luck, to both you and your sir. Times are tough, and it's very sad to hear about decent hard-working people getting pushed around.
< Message edited by bluepanda -- 12/16/2008 6:28:21 PM >
_____________________________
Panda, Panda, burning bright
In the forest of the night
What immortal hand or eye
Made you all black and white and roly-poly like that?
|
RE: How can I keep from getting fired? - 
Profile
New Messages
No New Messages
Hot Topic w/ New Messages
Hot Topic w/o New Messages
Locked w/ New Messages
Locked w/o New Messages
Post New Thread