Can i take legal action against my employer

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AUTOTRAIN

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Had a work related injury two years ago. I never fully recover form it and i been on and off work. My employer has disability sick time 65%-50% for employee like me and i used it from time to time. Last december (2012) i got so severely ill that my dr took me off work for couple of months. As usal i turn in my dr note , i was able to use my sick time for month of january . However my employer code it my time card abscent without pay for month of february and march even though my dr note clearly stated it that i was disable. As a result my doctor help me applied for state disability but since my employer didnt pay into social security state cant help me. They said my employer must pay for my disability and surprised to learn that they did not. In addition since i have no income for 2 month my health insurance was cut off. My sick leave expired in late march but since i dont have a health insurance i cant see my doctor and he cant give me clearance to go back to work, so i didnt. I didnt call in or contact anyone at work. I thought i will be fire in few days but they havent fire me. I didnt even get a letter of warning or a phone call . Its ben over a months now and i am about to ne homeless. Can i take legal action against them for discrimination base on disability.

I was evicted, lost everything, thinking about filing for chapter 7 and sleeping in my car which i am about to lose it soon. Someone must paid for all this. Any advices you may have will mean alot to me.
 
First, there are several things that are not clear. I will need te answers to these questions before I can help.

1. Did you file a WC claim? If yes, was it accepted by the carrier?

2. Have you been off because of the work injury or for some other reason(s)?

3. how long have you worked there, how many employees are there within a 75 miles radius and how many hours did you work in the 12 months immediately preceeding the leave?

4. How much time have you taken off from work in the past 12 months?

5. When was the last time you contacted your employer? Did you ever formally request leave or an accommodation of some kind?
 
You said this was a work related injury. Was it reported as a workers comp. injury?
 
First, there are several things that are not clear. I will need te answers to these questions before I can help.

1. Did you file a WC claim? If yes, was it accepted by the carrier?. ~~~~~> I did file WC and It was accepted.

2. Have you been off because of the work injury or for some other reason(s)? ~~~ If I miss work lately, its because of the injury or other illness cause by the injury.

3. how long have you worked there, how many employees are there within a 75 miles radius and how many hours did you work in the 12 months immediately preceeding the leave? ~~~~~~> I had been there over 20 years There are about 5000 employee within 75 miles. I would say around 400 hours give or take.

4. How much time have you taken off from work in the past 12 months?~~~~~> I would say around 6 months or more.

5. When was the last time you contacted your employer? Did you ever formally request leave or an accommodation of some kind. ~~~~~> The last time I contact them was the time I submitted my sick leave so that would be January 23th. I did took Family Leave.
 
Has this time you are missing lately been because a doctor has seen you and taken you off work or do you just not ho in because you are not feeling 100%? Makes a huge difference. Regardless, that is a matter between you and the WC carrier, not employer.

If you haven't contacted your employer at all since January, yes they can terminate you. Legally. FMLA law does not apply if you have only worked 400 hours in the past year (minimum is 1250 hours). Even then, you are only guaranteed 12 weeks off. As you have far exceeded that, your employer can terminate legally. If you had approached them and indicated that you would be able to return after a short extention, it might have been reasonable that they grant it, but if you just went MIA, they do not have to assume that is true nor should they.

At this point I would contact the employer and find out your status. It is just barely possible that they have a policy which is more generous and that is why you are still employed.

Contact the WC carrier to find out what they need in order to pay TTD benefits if you are indeed off because of your work injury.
 
I should have added that there is no obligation for your employer to continue your health insurance and even if they offered COBRA, if you weren't paying, the IC is going to terminate your coverage. Same as if you don't pay any other insurance premium. If you don't pay, insurance is terminated.
 
You really do need to contact your WC carrier to find out about getting TTD benefits since you have no income coming in. It seems you are off work due to your work injury. Good luck.
 
Thanks for taking the time to answer my post but I am still looking for an answer " Can I take legal action against my Employer " I felt like my right were violated . I didn't declare myself disable nor I want to be a disable person. It was a decision by a Physician. We as a society grant a permission to a Physician to make that kind of decision. This decision must be honored by Employers, Colleges, Judges etc...My employer did not. In my humble opinion that's discrimination.
 
AUTOTRAIN said:
Thanks for taking the time to answer my post but I am still looking for an answer " Can I take legal action against my Employer " I felt like my right were violated . I didn't declare myself disable nor I want to be a disable person. It was a decision by a Physician. We as a society grant a permission to a Physician to make that kind of decision. This decision must be honored by Employers, Colleges, Judges etc...My employer did not. In my humble opinion that's discrimination.
Click to expand...



You're gravely mistaken, I'm' afraid.


Such a decision is absolutely NOT required to be honored by anyone, employment law notwithstanding.
 
AUTOTRAIN said:
Thanks for taking the time to answer my post but I am still looking for an answer " Can I take legal action against my Employer " I felt like my right were violated . I didn't declare myself disable nor I want to be a disable person. It was a decision by a Physician. We as a society grant a permission to a Physician to make that kind of decision. This decision must be honored by Employers, Colleges, Judges etc...My employer did not. In my humble opinion that's discrimination.
Click to expand...

By taking "legal action", I presume you mean "sue".
Yes, of course you can sue your employer.
You can sue a mayor, a governor, a CEO, even a US President.

Back to your employer, obtain forms online (usually), complete them, pay a filing fee and some other costs, you have created a lawsuit.

But, and it's a very big but, you won't prevail.
We all have a right to "due process".
We don't always get the desired outcome.
You don't have a case, in my considered legal opinion, but you're certainly free to file a lawsuit.
Good luck.


Sent from my iPad3 using Tapatalk HD
 
No. You cannot take legal action against your employer. Nothing in any law, including the ADA, requires that they hold your job indefinitely or continue to pay your health insurance. They have violated no laws or protected rights.

In addition, the workers comp system is set up so that it is your only recourse. You are guaranteed to get your medical bills paid and the employer is immune from suit.

I hope that this is now clear to you.
 
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Once again, as per my post #10 & Elle's post #8, please contact your WC carrier - you noted in your 1st post you are about to become homeless. You need income. You said it was a work injury. Good luck.
 
I am.not clear at all.Specially the part about a DR note not being important. If thats the case any Employee can call into work and said I am gonna be sick for 3 months and dont have to produce and proof that he or she was sick .Because according to one of you it doesnt mean anything.
My Dr has giving similar note to other patient who he consider disable. If their Employer accept it and State Of California has no problem with that, then why am I single out?.

What make my Empoyer so special that they wont accept it. I am not Employed by organized crime family or and its not 1920s or 30s.

IF A DR OPINION DOESNT MEAN ANYTHING THEN PEOPLE CAN LINE UP OUTSIDE THE DISABILITY OFFICE AND CLAIM I AM SICK I AM SICK GIVE ME MY DISABILITY CHECK.

sorry, I cant seem to apply any logic into your answers.
 
One more thing, Just because one wants to take a Legal action doesnt mean one wants sue for Money. Law is not about justice. Its a tool we use in order to seek justice.
 
AUTOTRAIN said:
I am.not clear at all.Specially the part about a DR note not being important. If thats the case any Employee can call into work and said I am gonna be sick for 3 months and dont have to produce and proof that he or she was sick .Because according to one of you it doesnt mean anything.
My Dr has giving similar note to other patient who he consider disable. If their Employer accept it and State Of California has no problem with that, then why am I single out?.

What make my Empoyer so special that they wont accept it. I am not Employed by organized crime family or and its not 1920s or 30s.

IF A DR OPINION DOESNT MEAN ANYTHING THEN PEOPLE CAN LINE UP OUTSIDE THE DISABILITY OFFICE AND CLAIM I AM SICK I AM SICK GIVE ME MY DISABILITY CHECK.

sorry, I cant seem to apply any logic into your answers.
Click to expand...

That's because, unfortunately, you don't seem to understand the LEGAL part of this. You're also (sadly) not understanding what you've been told.
 
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