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Wrongful Termination

Discussion in 'Employment, Labor, Work Issues' started by MaryB, Apr 1, 2004.

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  1. MaryB

    MaryB Law Topic Starter New Member

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    In March of 2003 as a was making my way from my car to the door at work, I slipped in the parking lot on ice and hit my head. My boss found me passed out in the parking lot, how long I was out I have no clue.
    In the past year, I have done everything workers comp has told me to, seen the doctors they sent me to, took all test I was told to.....however at my boss's own admission my work habits changed, I could no longer multi task, my memory faded more each day, sitting at my dest until 5 daily became almost unbearable due to neck and head pain.
    The last neurological test I had suggested I suffered a stroke when I fell............
    Due to my lack of ability to preform my job as I had in the past, I was fired with no warning. During a two week medical leave as directed by my doctor, my boss sent me a letter registered mail letting me know effective immediatly, I was terminated.
    Can one be fired for taking medical time off? Can one be fired for hurting themselves at work and filing a workers comp claim?
    I feel I was fired for taking time off, and for not being able to preform my duties as I had for the prior 14 years due to my head injury.

    Thank you for your time,
     
  2. Beth3

    Beth3 New Member

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    How many people are employed by this company?
     
  3. MaryB

    MaryB Law Topic Starter New Member

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    presently 5 not including the owner (6 if hes replaced me)
     
  4. Beth3

    Beth3 New Member

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    The reason I asked was to determine if the employer was subject to the Family and Medical Leave Act or to the Americans with Disabilities Act. At 6 employees, they're far below the required threshhold for either.

    Even if the company were subject to the FMLA or the ADA, ultimately that would not have prevented them from terminating you if you had become unable to perform your job duties however. It just would have happened at a later date.

    You may be entitled to certain benefits under your State's Worker's Compensation statutes though, such as a PPD (permanent partial disability) settlement if you are left with a lasting impairment, TTD (temporary total disability) payments for lost time from work, and possibly even vocational rehabilitation. I suggest you consult with a Worker's Compensation attorney.

    As to your termination, your employer may have handled this harshly but it does not appear they have violated any laws.
     

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