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Termimated at job B due to injury at job A

Discussion in 'Medical Leave & Disability' started by Javi77, Dec 1, 2019.

  1. Javi77

    Javi77 Law Topic Starter New Member

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    Jurisdiction:
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    Good afternoon I'm a 41 year old dad working 2 jobs - first job it is a retail store we will call it "Job A" been working there for almost a year and a half, and I hurt my knee a few weeks ago and due to my Doctors restrictions "Job B" my second job sent me home and told me they didn't have no light duty work for me there, therefore until fully released by Doctor I can then resume work there at Job B.

    Now Job A is my part time job and Job B is my full time job for 2 months now. But now I'm just left with Job A only due to injury. My Doctors Restrictions are; no bending, no squatting, no standing for long periods of time, no heavy lifting (no more than 15 lbs.) mostly sitting work.

    Also I have experienced discrimination towards me and other co workers that some are afraid to come forward and build a case against the company from Job A. A co worker from Job A She has also suffered and accident at job A and we both believe that their is discrimination against us, and we believe we are left to do the heaviest work during our scheduled hours, she is a native of American and I am an Hispanic and we have learned since been employed by Job A we believe they take advantage of both of us.

    Also myself I have experienced racism from an assistant manager in the past from Job A, one day I was talking to a co worker in Spanish and she told us that we couldn't do that at the job. And she told us that infront of customers and other co workers.

    It is really a stressful job now days at job A that my mind isn't clear at moments to think straight now even With this accident with my knee. Next doctor appointment for therapy would be in 3 weeks. I can't live with just a part time job and kids to take care of.

    Any guidance on how to approach these situations? Lawsuit? disability, unemployment?


    And also was I wrongfully terminated by Job B? I'm asking this because I have seen other co workers doing lighter work that I believe I can be able to do as light duty work but just because I'm a new guy in the company I felt that they just cut me off!


    Thanks in advance,
    Javi
     
  2. mightymoose

    mightymoose Moderator

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    You didn't provide any information that appears to me to be mistreatment or illegal. Your example of racism is not even remotely close to being racism, at least not as described.

    If you have lost work as a result of injury then you can seek assistance through disability or unemployment.

    Job B had no obligation to give you light duty work. Since they told you to return when able to work it seems you were not even fired. You just aren't scheduled to work because you are unable to do the work you were hired to do.

    If you expect a prolonged recovery you may do yourself a favor by seeking new enjoyment you can do while injured.
     
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  3. Javi77

    Javi77 Law Topic Starter New Member

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    Thanks for your reply mighty moose.

    Can I apply for both, disability and unemployment?
     
  4. army judge

    army judge Super Moderator

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    Of course you can apply for one, or both programs.

    That probably isn't what you wanted to know.

    If you apply for unemployment insurance, you MUST be able, willing, and ready to seek NEW employment.

    If you were disabled for some reason, you MIGHT be willing to seek employment, you might even be ready, but you certainly wouldn't be able to seek employment because of a medical disability.

    Are you "disabled" because you were injured in the workplace?

    If so, you should be pursuing a workers compensation claim.

    If you aren't disabled, and you're willing, ready, and able to seek NEW employment; then you should apply for unemployment insurance.

    Best of luck to you, mate.
     
  5. cbg

    cbg Super Moderator

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    You can APPLY for both, but you cannot RECEIVE both, not at the same time.
     
  6. Javi77

    Javi77 Law Topic Starter New Member

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    ——
    update after a few weeks this might help you guys for a better understanding with my situation: so...

    The past month I learned trhu my workers comp that Job B told them I voluntarily quit! Two days after I was sent home by employer B my full time job. I told my workers comp that due to the injury at Job A I can’t work at Job B but the supervisor at job B that sent me home told the insurance that I quit !! Which isn’t true, “ how can I quit when I have these doctors restrictions for a month!! And you left me a voicemail the same day you sent me home saying I couldn’t return to work until fully released by my doctor, but now You told the insurance I quit!?” I told him. And His response was “ look into the employee handbook we gave you when you got hired”.

    So he is referring to the following from the employee handbook:

    “An employee who voluntarily resigns his/her employment or fails to report to “Work” for two consecutively scheduled workdays with out notice to, or approval by his/her supervisor, will voluntarily terminate employment with the company. A final check paycheck will be issued for all time worked and accrued but unused vacation time within 72 hours of receipt of written resignation.”



    So the supervisor even told me the day I contacted him couple of weeks ago that even if had full release today by my doc I can’t get a job there because they hired someone already. And I told him that he was aware of my condition and even before that he was given by me past restrictions but this new doctors restrictions made him stop me from working there. So now I feel like I been wrongfully terminated. And the insurance is going by what Employer B said. So now I have no full time job and with these restrictions I can’t get a job that fast in this town. I reside in the city of lower lake ca. And here is more labor intense jobs that requires standing and walking alot not much office work around here.


    Now I explained this situation to an attorney I spoke to a few days after I first created this post here in this forum last month. And basically he explained that he needs to see an MRI to see the extent of my damaged knee in order to proceed fully so in The next week I will Be going to my third doctors appointment/follow up and let him know that I want an MRI for my knee.

    Also yesterday I went to my first therapy session provided of course by my works comp. and the therapist told me I have a loose knee cap and other things that is not visible but is somewhat not normal and that we will go trhu therapy for 6 weeks, getting therapy twice a week and that a MRI will be the next step if therapy doesn’t work. So at this point I have a feeling that my knee won’t get better. Is been close to 3 months and I haven’t work at all and is still in A condition that I cant fully function, do things like I used to before the injury at work.

    Now the attorney I spoke to he is only a workers comp attorney so I don’t know if I should get another attorney to look into the possible wrongful termination from employer B.


    So what do you guys think I should do I feel stuck! And I need income to keep providing for my kids. And no I haven’t got any unemployment or disability/partially I’m trying to go trhu the works comp but they seem to go by what the employer B said even knowing I explained the whole thing to them but they told me they don’t owe me no loss wages or nothing from Job b as I voluntarily quit!!! Pure BS!!! And also I haven’t got no paper work from workers comp to get reimbursed for mileages while going to therapy etc, I have to travel an hour to see my doctor every 6 weeks and 49 mins for my therapy twice a week.



    Sorry for the delay but I was just gathering more info.


    Thanks and hope you guys’s new year is staring off right!
     
    Last edited: Jan 14, 2020
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Employer B didn't fire you. You couldn't work, I'd have marked it down as a quit as well. They just didn't hold your job open.

    Employer A's carrier really shouldn't care why you left employer B. At worse you quit because you couldn't do the job because of your restrictions.

    Get a lawyer.
     
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  8. Javi77

    Javi77 Law Topic Starter New Member

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    Update:

    good evening everyone well a year has passed since my accident. I hired and attorney. But I believe I am not been well represented at this point. After therapy for my knee and a MRI done to it, they have found I have a damage meniscus (tear) and I was told by the surgeon that he recommended a full replacement knee once my knee completely gives up. right now I can do everything but with pain, (some times pain is 1 or 7 depends) also I can’t no longer wear flat shoes or walk in hard surfaces, if I do I will have pain the next day on my knee. After a year and working outdoors I have noticed my knee getting worst slowly, I have been already offered a settlement which I denied it, Less than 12k (the first offer) my attorney didn’t seem to be happy when I said “ no”to the amount they offered and to take care of my knee on my own. So after that I did the deposition and after that I went for the evaluation but I haven’t heard nothing about it when it comes to the results of the evaluation 2 months ago. Last time I heard about my attorney (2 weeks ago) is that the other’s party attorney hasn’t got back to him with the report from the medical evaluation. Any advice ?
    I haven’t got any unemployment or disability My restrictions where lifted late March 2020 then I was able to get a job B again as a farmer. Meanwhile from Late November 2019 till late March 2020 I had only job A (Where the injury happened) as a part time job they just gave me a chair to work the cash register area and follow docs restrictions until I got the restrictions lifted then they put me back to do the same type of work..


    Maybe my update is a bit scrambled but hope you guys can understand (make sure to read previous posts) my Situation and again thanks!

    PS- The Doctor that did the evaluation seem to be on the side of the workers comp he seemed careless about my case by the way he handled the evaluation and I was in and out of there in less than 15 mins.
    -Javi
     
  9. army judge

    army judge Super Moderator

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    It could be time to meet with other WC attorneys in order to determine what you consider going forward.

    It might be time to consider a career or vocation change.

    WC can assist you with retraining costs.

    Permanent disability might be headed your way.
    You could consult a social security disability attorney for specific facts and guidance.
     
  10. Javi77

    Javi77 Law Topic Starter New Member

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    Thanks army judge for your input. I will consult with another attorney(s) in regards of my case.

    -Javi
     
  11. Javi77

    Javi77 Law Topic Starter New Member

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    Update.
    Happy New Year! And wishing you all the best for this 2021.

    Well here I go with the latest on my case. After a few weeks this is where I am at, the other party wants to settle at this point after obtaining the results from my evaluation, my current attorney sent me the papers to sign a week ago, also in the past two weeks I have contacted a couple of other WC attorneys and the first one said: They don’t offfer services in my county, and the second attorney said that they don’t work with cases that are more than a year old (injury). But that second attorney told me that this doesn’t mean I can’t get help from “another attorney” is that their firm don’t work with cases with more than a year old injury. With that been said I still believe my current attorney is not representing me well enough, starting with communication between us, meaning when I call him he always tells me he is busy or will return my call later and he never does.

    Now my reason(s) of my me trying to contact him is to get answers from questions I have for him when it comes to the settlement paper work for me to sign. So at this point I will not sign until my attorney answers such questions or clarifies things that I don’t understand fully.

    today I actually I called him, he answered and said he will call back later but he never returned my call. Also I sent him an email in regards of the same questions and he hasn’t replied.

    At this point i am clueless how to proceed since I don’t want to sign any paper work they have sent me to settle until I get answers and of course clarify a few things before signing or refuse the settlement offer.


    If there is someone out there that again can point me to a law firm willing to hear my case let me know.

    Thanks for reading.
    Javi.
    (Lake county, California)
     
  12. cbg

    cbg Super Moderator

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    This site does not provide attorney referrals.
     

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