Fired Injustly???

[rkprice28]

Hi, my fiance was just fired from her job last week. She had worked for the MHMR in Texas. She had been an outstanding employee for almost two years, without a history of any problems. In Jan. 2001 she was hurt on the job, they made her go to the doctor, and she has been going since. Beginning about a month ago, after it was decided that her injuries were going to be with her a lifetime, she began receiving what will end up as 15 weeks worth of workmans compensation benefits. Then on Feb 20 of 2002, about two weeks after she started receiving these checks, she had to have a hysterectomy, and was going to be out of work for up to six weeks. In the final week before the surgery, she had been reported for leaving a "consumer" unattended for approximately 10 minutes. There was an investigation on about Feb 12. On the 21st, one day after she left work for her surgery, they made the decision to terminate her. Now, number one, I think this company has a history of finding reasons to fire people if or when they go on workmens comp. Two, this is the first time she had ever been investigated for anything at all, she always got good work reports, an outstanding yearly evaluation, and was a very dependable employee. I am pretty sure there are people currently working there that have been investigated for similar if not worse incidents, but how can I prove that she has been treated unfairly. And how can I prove that the company has other employees still employed there that have been through investigations or allegations, but have not been fired. Is there any legal recourse?? It is in my opinion that the only reason they used this "incident" to fire her was due to her workmans comp, as well as the fact that she was going to be out of work for up to six weeks? Please help!!!

 

[Michael Wechsler]

Does she have representation? Is there a labor union? I'm not sure what the MHMR is. For "at will" employees it is typically difficult to bring suits against an employer since an employer has the right to terminate the employment of the employee "at will" and for no reason. Did she have an employment contract? Is there an employment manual that states company policy?

This might be a retaliatory firing and I don't doubt it. Perhaps a settlement was made under certain terms and conditions and assumptions and this firing violated her rights. An attorney who may take the case may file suit against this company under some employment law. An information subpoena and "interrogatories" -- questions asked by a plaintiff which a defendant is required to answer -- may yield the answers you seek. This happens during the "discovery" process of a case.