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hurt at work
- Thread Starter lori516
- Start date
army judge
Super Moderator
Lori, best of luck.
Apply for unemployment, the state will decide.
Make sure you get the best medical and mental health care available to you.
Most counties and/or cities offer mental health care at no cost, or low cost.
Good luck, and hang in there.
Apply for unemployment, the state will decide.
Make sure you get the best medical and mental health care available to you.
Most counties and/or cities offer mental health care at no cost, or low cost.
Good luck, and hang in there.
Thanks Judge. I filed for unemployment the first day I was suspended. I filed workers comp days after filing for unemployment because I was hoping the pain would subside in a few days but it seems to be getting worse instead of better. I rather workers comp pay me for the mere fact its more money per week. It wont be long before I find out what each decides because there's a time frame for them to deny or accept. Still waiting for the Union to call me and let me know what there doing. If there's no video to back there claim. Then Union should be pushing for returning me back to work, well that's if am able to due to my injuries. I have to wait now. TGIF
Since I filed for unemployment before filing for workers comp what happens? will workers comp take care of the medical and unemployment pays me? That's if am granted them. if unemployment starts paying me and workers comp also pays me how would I go about straighted that mess out. My luck i'll get neither, Since the injury occurred during what my employer says was why they are seeking termination am I entiled to weekly benefits or just medical? I hope this is understandable?
You can not collect TTD and UI at the same time. You are only entitled to TTD if a doctor takes you off work, whether or not you have a job to go to, as a result of your medical condition. Right now, you haven't even seen a doctor so you are not entitled to anything. Keep in mind, your state does have specific rules related to which docs can treat you. Follow them. If you just go any old place you want, it won't be covered.
You only qualify for UI if you are ready, willing, able, and actively seeking work (if unemployed). It is not just paid leave while you decide whether or not to go back. 9 times in 10, you aren't eligible if you are off while suspended or being investigated for wrong doing. Never hurts to apply as anything is possible, but be very careful of applying for both UI and TTD for the same time periods. That is a great way to get yourself in all kinds of legal hot water for fraud. Seen it happen quite a bit. It never ends well.
You can not collect TTD and UI at the same time. You are only entitled to TTD if a doctor takes you off work, whether or not you have a job to go to, as a result of your medical condition. Right now, you haven't even seen a doctor so you are not entitled to anything. Keep in mind, your state does have specific rules related to which docs can treat you. Follow them. If you just go any old place you want, it won't be covered.
You only qualify for UI if you are ready, willing, able, and actively seeking work (if unemployed). It is not just paid leave while you decide whether or not to go back. 9 times in 10, you aren't eligible if you are off while suspended or being investigated for wrong doing. Never hurts to apply as anything is possible, but be very careful of applying for both UI and TTD for the same time periods. That is a great way to get yourself in all kinds of legal hot water for fraud. Seen it happen quite a bit. It never ends well.
I was afraid of that happening, but what choice did I have. How many people get injured during the course of losing there job. I needed income so that's why I filed for UI and workers my primary insurance wasn't gonna pay for my injuries if it happened while I was on the clock. Not sure if it ever has happened to anyone. But if it was gonna be someone to be first you bet it would be me.
You are far from the first. You just need to be honest. If you are capable of working, say so. If your doctor takes you off work entirely, let UI know. Medical payments are separate from indemnity in WC. You don't have to have both and in fact, most claims are medical only claims.
Hi Judge I no this isn't a legal question but more of an advise one. haha My union rep called me and said she has talked to other employees where I work that ive been taking things from work for a long time. I said well if I was transferred from that store 2 yrs ago like the company wrote in the letter then I guess you wouldn't have been told those lies. Now I feel as though she isn't gonna defend me for the current problem am in. I have a meeting with the union and company tomorrow and am only going to see if they have more evidence then they did at the last meeting. I asked my union rep what the company's stance is and she said there still saying termination. I said then why are we having a meeting. She said her point was if there's no evidence of me taking the things from the store my union wants me put back to work. But she more of less said she didn't believe me that what when I said I brought the things there blaming me for taking that I brought them into the store when I returned from my lunch. I know am gonna end up getting my own Lawyer to defend my case, because I no I can prove the manager lied in the first meeting about certain things he said. If I can get my Lawyer to get a the video tapes needed to prove what I no he lied about, it should make a judge who listens to the case see that I told what really happened and that my company lied to make there case.... Grrr lol
Once again, you can not sue because your employer has a good faith reason to believe you stole from them and terminates you. That isn't illegal. If you are criminally charged with theft, sure, hire a lawyer to defend those charges but that does not have any bearing on your employment. Even if a court finds you not guilty, your employer is not legally obligated to hire you back. They may choose to do so, but the decision is theirs to make.
If coworkers are telling the union and your employer that you stole, that doesn't put you in a great position. You need to talk to your union about what they can do for you. We can only guess. Don't assume based on what you think they are implying, ASK directly.
If coworkers are telling the union and your employer that you stole, that doesn't put you in a great position. You need to talk to your union about what they can do for you. We can only guess. Don't assume based on what you think they are implying, ASK directly.
Well under my contract if am wrongfully terminated and I win at appeal I get paid for all the lost days of work and have to be given my job back. That's what the contract says. And I was told two years ago I would be transferred from that store and after signing a letter they decided not to transfer me. I said did you only talk to the 4 people in the store who don't like me, because I can give you 10 people's name that you can ask and they will tell you the opposite of what certain people told you. I just want fair union rep to defend me for something I didn't do. Not what she was told or believes herself. If my company wanted to fire me for no reason id be less likely to fight it, but there accusing me of thief which is someone am not letting them do. Besides being grabbed from a bully and then had him lie about certain things to protect himself. Yes there wrong and there gonna have to win through arbratation because am prepared to hire my own Lawyer if need be.
Then your employer, union, and you must do what is agreed to in the contract. That is why you really need to talk to your union. WE don't have your agreement and do not know what has been negotiated. We can only tell you what the law saws, not what deals or policies your employer has in place.
Well the next step after tomorrows meeting if am not put back to work will be to take the matter to Arbitration. My union's stance to me's gonna be we don't think they can win at Arbitration so there not gonna file on my behalf. That's just a guess but am sure that's what i'll be told. And my question is to you, if I hire my own Lawyer and win at Arbitration am I allowed to bring a lawsuit against my union for failing to represent me in Arbitration. If my Lawyer can win then my Union should of defended me instead of me having to hire my own Attorney
am not sure what your asking me to ask my union?
Well that will be the first question I ask after the meeting. Her reply will probably be she has to go back to her office and discuss it with her boss. I know I only have 30 days to file a grievance before time expires and then there's nothing I can do. Am prepared to hire a labor lawyer. Already had a consulation with an attorney. Preparing myself for the worst, hoping for the best.
I didn't know that. I assumed the Union had to file it. I never had to know so if that's the case I will let the Company know tomorrow after the meeting that am filing a grievance and if need be i'll retain my own Lawyer. Thanks for that info. Sometimes I count to much on other people to do things when in fact I should do them myself. Now am asking myself why do I even pay union dues. smh.
You pay union dues so that you even have the option of filing a grievance. Without one, you would be tough out of luck here. And they may still represent you in the grievance, but YOU have to take the initiative to file it. It is your employment, not theirs. The only time I have seen a union file is when there is an employment policy that is established which violates some aspect of the agreement or has the potential to do so. They would file then because it affects or has the potential to affect all of membership, not just one person. When it is just one person, they do not act until that person files because challenging an employment action is optional. You don't have to do it and some employees may not want to do so, therefore the onus is on you to act.
You also need to read the contract to see if legal counsel is even permitted during grievance and arbitration hearings. Some do not allow it.
You also need to read the contract to see if legal counsel is even permitted during grievance and arbitration hearings. Some do not allow it.
in the event the dispute, difference or grievance still remains unadjusted after compliance with the above steps then such dispute difference or grievance may be submitted to arbitration by either party not later then 30 days after the occurrence mutually selected by the parties. for an expedited arbitration or to the American arbitration association for its designation of an arbitration in accordance with its rules to hear and determine the matter. the decision of the arbitrator shall be final and binding upon the parties. the expenses of the arbitration shall be borne equally between the parties,
that's what is stated in my contract after the first 2 meetings that were held and no decision has been agreed upon the next step is to file a grievance. so am guessing I now have a little more then 2 weeks to file because this coming Friday will be 2 weeks and I have to file within 30 days? I thank you for that info, I will tell you the outcome of my meeting today after you read what my contract states after the first 2 meeting still remain unsolved....
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