Fired while on med leave for on the job injury

[cynthiasmi]

I have been working here for two years. I got a lumbar sprain. I have been to three different drs. I was fired to days after being hospitalized for my injury. I was granted unemployent, But was advise to file workmans comp. The company is still holding my last paycheck. 640.00 I then recieved this email from my old boss

" I received a call from Hartford Insurance regarding a claim you placed for workmens comp. I was not aware of such a claim and I do not like surprises. I in good faith told you I would not fight your umeployment claim but you have not acted in good faith. The fact that you called workmens comp shows me that you have not turned over all company documentation and paperwork. I personally have your paycheck. If I have not received needed info by April 1, 2007, I will seek whatever legal remedies my attorney advises"



Do I have grounds for wrongful termination.

 

[Michael Wechsler]

I'm sorry to hear about your injury and hope you get better soon.

I'm a little confused. It seems you filed a workman's comp claim after being terminated. From what you are telling me they knew about your injury. Did you not report it? What paperwork have you not turned over? Additionally, I'm wondering if your old boss is insinuating that you were fired with some cause... is that the case? Why would they fight your unemployment claim?

 

[RobTaormina]

I agree with the last reply that based on your message there appears to be additional causes behind you being fired. It never hurts to learn your options from an attorney. I recommend contacting a local attorney

 

[calalily]

My understanding is that they are not allowed to withhold your paycheck. They are obligated to give it to you within a certain amount of time (I think two weeks but am not sure of the law). Who advised you to file a claim? Did your employer or immediate supervisor tell you not to file a workman's comp claim at the time of the injury? What "proof" do you have that injury happened on the job? Who was paying for your doctor's visits and your hospitalization? What state are you posting from? Google your state employment laws concerning your paycheck and workman's compensation rights. Also google Familiy Medical Leave Act (FMLA) and see if those laws may apply to your situation.

 

[cbg]

How long they have to release a final paycheck depends on what state you are in.

In the state of South Dakota ONLY they may legally hold a final paycheck pending the return of company property. In all other states, it ranges from the last day of work till up to 30 days later.

A wrongful termination means that you were fired for a reason prohibited by law. We do not have enough information to determine if that is the case here. If you can identify how long you were out of work (total) for this injury, that will go a long way in establishing whether or not your termination was legal.