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Rights of Employee

Discussion in 'Employment, Labor, Work Issues' started by Cam K, Oct 26, 2018.

  1. Cam K

    Cam K Law Topic Starter New Member

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    I was in a car accident while on the job. I was taken to a hospital and received multiple fractures . My employer came to the hospital and told the doctor that she was my friend and insisted that she take me out of the hospital. The doctor let her even though I told my boss I wanted to stay in the hospital. My boss transported me home then left me there. The next day my boss and CEO of the company came into my home when I was gone and rearranged my place. The Human Resources Manager had my keys and gave them to my boss to accomplish this rearranging of my place. Can your employer do this?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Were you out doing your employer's business when the accident occurred?

    If yes, it seems suspiciously like your employer is trying to avoid a Workers Compensation claim.

    Get your locks changed, seek proper medical treatment, visit the state WC website and learn your rights as an injured employee and contact them for assistance in filing a claim.

    Workers' Compensation

    WC should take care of all your medical bills and replace 2/3 of your earnings after a one week waiting period if you can't work.
     
  3. cynthiag

    cynthiag Active Member

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    Why on earth did the HR manager have your house keys?!
     
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  4. Cam K

    Cam K Law Topic Starter New Member

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    When my boss dropped me off at my place the HR Manager was with her. She helped me get in my bed and then took my keys to lock my door and she was to return the next day. The HR Manager came the next day to take me to another hospital. At the hospital the HR Manager gave my keys to my boss. I was in a great deal of pain and wasn't aware of a lot of things that day. I just know that when I returned home my place was rearranged and some of my things were boxed up. My boss and the CEO went through all my stuff even my laundry.
     
  5. Cam K

    Cam K Law Topic Starter New Member

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    I was on Workers comp. My boss is very controlling and wanted to call all the shots after my accident. I was on the job when the accident happened.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    If your issue is that your boss has your keys and went through your stuff, get your keys back and get over it if nothing was taken or damaged.
     
  7. zddoodah

    zddoodah Well-Known Member

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    I assume the fractures were "received" before you got to the hospital.

    Well...whether this woman was your employer or a friend (or a fellow employee of your employer, which is what appears to be the case), the doctor should have had no discussions whatsoever with her about you, unless you expressly authorized it. Moreover, it was ultimately your decision to leave or not. Why did you agree to leave? What were the "multiple fractures" that you such that you were able to leave the hospital? Had you received anything approaching appropriate treatment for the "multiple fractures"?

    Umm...huh? When you asked them why they did such a random and bizarre thing, what response did you receive?

    Not that what my employer can or cannot do is of any relevance to your situation, no, my employer has no ability to do such a thing. Nor would anyone employed by my employer be so stupid as to do such a thing.

    Your employer did do such a thing, so it should be obvious that it can do it. If your intent was to ask about legality, it seems unlikely that what you described was legal, but what you described is so bizarre that I have a feeling you haven't given us the whole story.
     
  8. army judge

    army judge Super Moderator

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    That summed up everything.....
     
  9. Cam K

    Cam K Law Topic Starter New Member

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    What part seems so bizarre? My employer lying to the doctor about being my friend and dragging me out of the hospital or my boss and CEO going into my place without my permission and arranging and boxing some of my things up?
     
  10. hrforme

    hrforme Active Member

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    Yes, both of those are bizarre...No friend can check you out of the hospital. You can check yourself out 'against medical advice AMA'. No doctor is going to take the lies of a "friend" unless they told you/them that they were going to be staying with you while you healed and the dr didn't want you going home alone..... How did she physically drag you out?

    Why did your coworkers have keys to your house in the first place? Do they own and your house is part of your employment agreement? Where were you when this was taking place if they dropped you off there the day/night before? What did they arrange and box? Was it say to clear a path so that you could walk on crutches for example?

    Lots of details missing that make the story bizarre.
     
  11. mightymoose

    mightymoose Moderator

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    I am not seeing that anything illegal occurred. Not without more information anyway.

    My first thought is thought you may have a skewed view of what happened because of medication.

    Is any of your property stolen, damaged, or otherwise missing? Have you gotten your keys back?
     
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  12. Cam K

    Cam K Law Topic Starter New Member

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    I don't know what my boss said to the doctor. I told both the doctor and my boss that I wanted to stay in the hospital. My boss is very controlling. I got the discharge papers a year ago from the hospital and it said her friends were taking her out of the hospital. I didn't sign the discharge papers. The signature was a scribble. I was drugged before they took me from the hospital. Why would it matter if they boxed up my stuff to clear a way for crutches when they did not have my permission to enter my place? As I said before my keys were in the hands of HR when they took me to the second hospital the next day.
     
  13. mightymoose

    mightymoose Moderator

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    This was more than a year ago? It is way too late to try to do anything now.

    As for their entry, if they had keys and entered without any intent to commit a crime, there may not be anything illegal with their actions even without permission from you. A government entity could not do this,but that isn't the case here.
     
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  14. Cam K

    Cam K Law Topic Starter New Member

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    So, you are saying that an employer can enter an employees house without permission to rearrange their place and there is nothing wrong with that?
     
  15. army judge

    army judge Super Moderator

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    If anyone enters your home WITHOUT your permission, that person has probably committed a crime.

    If a crime is committed, MOST people would immediately upon learning of the crime, report the event to the police or sheriff.
     
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  16. mightymoose

    mightymoose Moderator

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    It depends on their purpose for entering, which you apparently are unaware of.
    Was there a theft?
    They had your keys, and if you were heavily medicated it is possible you even gave permission and don't recall. Did you ever just ask them why they went in?
    The simple fact that they entered without your permission does not make it a crime. If all they did was tidy up the place I suspect it would be very hard to call it a crime. If it happened more than a year ago it is way too late to do anything about it anyway.
    Why are you concerned about this after so long?

    It sounds to me as if they were trying to be helpful during a time you were incapacitated.
     
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  17. zddoodah

    zddoodah Well-Known Member

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    Yup. All of those things strike me as bizarre. It also strikes me as bizarre that you'd have allowed any of this to happen.

    You got the discharge papers a year ago? That means the incident occurred more than a year ago. Right?

    It's clear why these folks "rearranged" your house, but you gave someone the keys, and that implies permission to enter.
     
  18. Cam K

    Cam K Law Topic Starter New Member

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    When I went to the second hospital. HR was with me and she had my keys. I did not know she gave them to my boss while I was getting a cat scan.
     
  19. mightymoose

    mightymoose Moderator

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    Doesn't matter. Still nothing illegal based on what you've provided.
     

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