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Topic: i need advice - lost job **updated circumstances**

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Subject: i need advice - lost job **updated circumstances**
Date Posted: 2/10/2009 10:47 PM ET
Member Since: 8/23/2008
Posts: 258
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okay so im not really sure where this would fit in with the site forums so i posted it here. I'll explain my situation and someone please help.

My husband worked for a fast food company, he injured his back at work on saturday. When he injured it he told his shift manager who admits that she didnt hear him and so she didnt report it. He called off the next day(sunday) because he couldnt move. He was off the following day(monday). so when he goes back to work(tuesday) he re-injured his back and a different shift manager reports it and sends him home. He was scheduled off the next day(wednesday). On thursday he  was called in to do fill out paperwork. With the paperwork he was to go get a urine drug test done, the company handbook says that a member of management is to take or ride with you and be present when the test is administered. However no member of management would go. We went to get his urine test done only to find out the the manager gave him the wrong paperwork and he couldnt get it done. The manager calls us to tell us that the doctor appointment she set up through worker's compensation was for the following monday and told us to come in the next day (friday) to get the correct paperwork.

He went in on friday to get the paperwork and the manager still didnt have it. When she asked him if he was going to work that night as scheduled he said no, because he wanted to see the doctor so that he didnt risk further injury. The manager threw her hands up in the air and dismissed him with the words ''what-ever''. On monday he went to see the company doctor. ''Dr. XYZ'' found that my husband has a lumbar strain. He was put on light duty meaning that he couldnt lift or carry over 5 pounds. ''Dr. XYZ'' also set my husband up with physical therapy. His first session of therapy the therapist, who we will call ''Dr. ABC'', said that he was not allowed to bend and gave us a revised work release form. My husband took the form to his manager. In a couple days the company called and told him he had to come back to work or worker's compansation wouldnt pay for his doctor bills and that there would be duties that wouldn't violate the doctors orders.

When my husband went in to work the manager gave him a list of duties and made it clear that if he couldn't perform these duties that he was to go home because he was fired. When my husband realized that everything that the manager had for him to do directly involved bending he refused to do it and went home as per her saying that if he couldnt perform them that he was to leave and was fired. Now they are saying that he quit. But I'm wondering is there anything that we can do because they were making him violate the doctors orders and gave him the altimative that he do it or lose his job. I'm so cunfused and I dont know what to do about it. But I know that if there is anything that I can do I must act quickly because you probably have only like a couple days to get this done. What bothers me is that the doctor said in 2-4 weeks my husband would be back to work like normal. But I really need help with what to do about this.

Thanks for taking the time to read

Nikki

 



Last Edited on: 3/9/09 12:55 AM ET - Total times edited: 1
Date Posted: 2/11/2009 12:38 AM ET
Member Since: 1/22/2007
Posts: 64
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My heart goes out to you.

You could try calling your local legal aid to see if you can get some advice on your husband's legal rights. They should be able to give you the info you need for free.

Best of luck!

Date Posted: 2/11/2009 1:08 AM ET
Member Since: 2/2/2007
Posts: 4,588
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Nichelle, I don't have any advice for your situation but I hope your DH gets better soon.

 



Last Edited on: 2/11/09 1:10 AM ET - Total times edited: 1
Date Posted: 2/11/2009 8:02 AM ET
Member Since: 11/23/2008
Posts: 329
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I would also contact the Human Resources Department and get the required information that you need.  Definetly contact Legal Services in your area.  You're right, time is of the essence.  Good Luck!

Date Posted: 2/11/2009 8:06 AM ET
Member Since: 11/23/2008
Posts: 329
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Just had another thought....you might want to post this on Members Thoughts forum.  I think I remember reading something similar to your problem before.  There you may find more people who have experienced this themselves or know more about what your rights are.

Date Posted: 2/11/2009 6:57 PM ET
Member Since: 3/28/2007
Posts: 1,074
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It sounds like there isn't an actual HR on site.  Is this a chain restaurants and they don't have HR?  Do they have a manager who just reports everything to home office?   I'd contact home office to find out the company procedure and let them know the managers have failed to abide by company procedures.

Is the WC coverage thru the state fund or does the employer had their own policy? 

As for being fired work comp laws in our state REQUIRE that they have a position available to you once released back to work.  The exception of course would be the elimination of the position.  So if he is the fry guy, and they no longer serve frys, then they do not have to have a job for him.  If the still serve frys and the position is filled, they have to place him somewhere.

Of course, that isn't to say the day he returns to work that he won't be fired for something stupid, but that's how it goes.

I'd keep a written record of everything listing the date, the time, who the conversation was with etc...

Not trying to jinx you..but the next time he gets hurt INSIST that someone in charge fill out an incident report then and there.  Do not leave (unless of course the injury is dire enough for an ambulance to come and haul him away).  The burden is on him to prove that it happened at work.   Unfortunately, it's happened two times within days.  

If he's been talking about it at work to co-workers, he should quit.   Investigators and can question co-workers if they feel the need to.  Investigators follow and film injuried workers all the time.    I'm not saying it would get to this point with your husband as it sounds like a mild lumbar strain, but these things do happen. 

It's the bad folks that make it harder for the honestely hurt worker to be believed.  We've been there.  DH fell off a ladder at work and broke his ankle, his leg and dislocated his knee.  3 surgeries.  Work demanded IME (independent medical exams) from a different doctor.  It was BROKE.  It was BROKE for 18 freaking months and 3 surgies but having Xrays confirming it wasn't healed wasn't good enough, nope, he had to jump through hoops.  Guess what..the IME confirmed it was broke and he couldn't work!!

Workers comp will not refuse to pay his bills because he doesn't return to work.  If they confirm he was hurt while doing his job they will pay the bills.  He has to stick to the plan and do the treatment that he is supposed to do.

My co-worker had been through a few jobs and hurt her back on the job over 20 years ago at one of them.  They are still paying everything for her treatment.

It seems to me they are trying to scare him, which is another reason to talk to an attorney...hostile work environment.

Good luck and hang in there!!

Date Posted: 2/11/2009 8:18 PM ET
Member Since: 6/11/2006
Posts: 12,826
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im sorry he had to go throught this . i too was going to say document it .

Date Posted: 2/11/2009 9:35 PM ET
Member Since: 10/14/2005
Posts: 1,228
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You might try http://forum.freeadvice.com/ and see if someone there can help you.



Last Edited on: 2/11/09 9:36 PM ET - Total times edited: 1
Date Posted: 2/12/2009 2:42 AM ET
Member Since: 8/23/2008
Posts: 258
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Last Edited on: 12/13/09 1:39 AM ET - Total times edited: 1
Date Posted: 2/26/2009 8:53 PM ET
Member Since: 6/11/2006
Posts: 12,826
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any update ont this.

Date Posted: 3/1/2009 2:58 PM ET
Member Since: 9/21/2006
Posts: 2,788
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Did they hand him his last paycheck when they fired him?  When you get fired, you get a notice.  Did he get this notice with his final paycheck at the time he says he was fired?    If he quit or walked off the job, like it sounds, they wont pay him what is due until the next scheduled payday.  That's going to be the biggest part of this situation, proving who said what and when.   Did he show a copy of the re-vised medical evaluation to his manager? Had his mamnger even gotten the first one?  Did he even show the original light duty evaluation to her?  Maybe she had not rec'd it yet.  I recieve mine by fax from the medical center directly.  It usually takes 24 hrs for me to receive my copy, so that is why I am asking.

regardless, I wouldn't want to continue to work for this company anyway as it would be very uncomfortable when he eventually goes back.  And like said before they will find something to fire him for.  WC will pay for the medical treatments.

Date Posted: 3/1/2009 6:43 PM ET
Member Since: 6/11/2006
Posts: 12,826
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i hope it go his way he deserve it .

Date Posted: 3/7/2009 10:47 PM ET
Member Since: 3/3/2009
Posts: 1,427
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What state do you live in as Work Comp laws are different from state to state. There are many WC attorney's that are no longer doing WC as the laws have changed and they are NOT in favor of the injured worker. I was on WC and it was a nightmare! If you would like to talk you can e-mail me and i will tell you some helpful "hints" about the "system"

Nicole

Date Posted: 3/9/2009 12:55 AM ET
Member Since: 8/23/2008
Posts: 258
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Last Edited on: 12/13/09 1:35 AM ET - Total times edited: 1
Date Posted: 3/30/2009 8:36 PM ET
Member Since: 6/11/2006
Posts: 12,826
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im sorry you and husband have to go through this. those people should be glad great worker are there and he sound like he was.

Date Posted: 4/6/2009 10:39 PM ET
Member Since: 8/23/2008
Posts: 258
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thanks so much. Now we are trying to find a new place to live and the few places we have looked to rent have wanted our job references for the past 2 years and one of the people we talked to told us that we shouldnt give burger king as a reference because they are giving us a horrible reference.

Subject: husband injured
Date Posted: 4/13/2009 3:17 PM ET
Member Since: 4/19/2008
Posts: 48
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Hi Nikki,

Make sure that you are documenting everything that is told to your husband from his supervisors. Isnt there some kind of workers compensation person that your husband can talk to? If not I would go to the Human Resource office department of your husbands company and tell them your situation. If your husband is forced to work beyond his work limitations you can go back to the doctor and tell him the situation and maybe the doctor will take him off work until he has no limitations.  Hope this helps.