FAILURE TO INFORM EMPLOYEE INJURED EMPLOYEE OF BENEFITS, AND WRONGFUL TERMINATION

ON 9/11/00 MY DOCTOR DIAGNOSED ME WITH BI-LATERAL CARPAL TUNNEL, AND WAS TOLD TO APPLY FOR WORKERíS COMPENSATION. WHEN I INFORMED MY EMPLOYER, THAT I WOULD NEED TO FILE A WORKERíS COMPENSATION CLAIM, SHE THEN STATED THAT I WILL ALSO NEED TO REQUEST FMLA SO MY JOB WOULD BE PROTECTED. WHICH I DID, AND BOTH WERE APPROVED. SINCE THEN I HAVE HAD CORTIZONE INJECTIONS, SURGERY IN BOTH HANDS, AND AM STILL IN PAIN. I WAS OFF WORK FOR THE ENTIRE 2 YEARS. MY 2YEAS WORKERS COMPENSATION,(TIBíS) EXHAUSTED ON 9/11/02, BUT I WAS STILL UNDER THE DOCTORS CARE, AND WAS ADVISED THAT I HADNíT REACHED MMI(MAXIMUM MEDICAL IMPROVEMENT) . ON 11/28/02, I RECEIVED MY IMPAIREMENT RATING, AND THE NEXT DAY I CONTACTED MY EMPLOYER TO RETURN TO WORK, BUT WAS TOLD THAT THEY DIDNíT HAVE ANY POSITIONS OPEN, AND THAT MY POSITION WAS NO LONGER PROTECTED DUE TO THE FMLA EXHAUSTING,( 12/01).

First I NEVER REQUESTED FMLA, MY EMPLOYER COERSED ME INTO FILING FOR FMLA, EVEN ONE OF MY CO-WORKERS WENT OUT ON WORKERíS COMPENSATION, AND SHE WAS TOLD THAT SHE WOULD NEED TO FILE FOR FMLA TOO.

IN ADDITTION, HR PERSONNEL CONTACTED MY BACK IN THE SUMMERTIME OF 2001, AND SAID THAT THE COMPANY IS LAYING OFF, AND MOVING TO ANOTHER BUILDING, I THEN REQUESTED MY SERVANCE PAY, BUT WAS TOLD THAT I DIDNíT QUALIFY BECAUSE I WAS ON LEAVE.

WHEN I CALLED MY EMPLOYER TO INFORM THEM THAT IM READY TO RETURN TO WORK, THE SENT ME A TERMINATION LETTER, I THEN CALLED TO REQUEST MY SERVANCE PAY AND WAS TOLD THAT IT HAS BEEN 2 YEARS, SHE DIDNíT GIVE ME AN EXPLANATION. I THEN FILED FOR UNEMPLOYEMENT, ON 12/01/02 BUT MY CLAIM WAS DENIED BECAUSE I ONLY HAD $100.00 AS WAGES EARNED FOR 2001 THIS WAS GIVEN TO ME ON A BONUS CARD ISSUED BY MY EMPLOYER. AND THE COMMISSION, AND HEARING OFFICER, ALSO SAID THAT I DIDNíT QUALIFY FOR AN ALTERNATIVE BASE PERIOD TO BASE MY CLAIM, BECAUSE I FILED FOR UNEMPLOYMENT AFTER 2YEARS 2MONTHS TOO LATE. MY EMPLOYER FAILED TO INFORM ME OF UNEMPLOYMENT BENEFITS, INCLUDING, THE TEXAS WORKFORCE COMMISSION.

DO YOU THINK I HAVE A CASE, IF SO MY CO-WORKER IS WILLING TO TESTIFY, THAT OUR EMPLOYER COEARSED US INTO FILING FOR FMLA, AGAIN IF I HAD OF KNOWN THAT FILING A WORKERíS COMPENSATION CLAIM ALONE WOULD PROTECT MY JOB I WOULDNíT HAVE FILEDÖ

SO NOW IíM UNEMPLOYED STILL IN PAIN, AND UNABLE TO RECEIVE UNEMPLOYMENT BENEFITS.I FILED FOR SOCIAL SECURITY WHILE ON WORKERíS COMPENSATION, BUT WAS DENIED,ALSO SHORT-TERM DISABILTY, BUT WAS DENIED BECAUSE MY INJURY OCCURRED ON THE JOBÖ

THANKS

1 answer  |  asked Mar 11, 2003 5:53 PM [EST]  |  applies to Texas

Answers (1)

Trey Henderson
claim

Your question is not that easy to answer. You may have a claim under the Amercians with Disabilities Act if they terminated you because of a disability. If you want to pursue it, file a claim with the EEOC. However, this will be a tough one to win.

You may have a claim for workers comp. I am not a comp attorney and you should consult one.

You may have a claim under the long and short term disability plan or for an appeal with social security disability. You should seek an attorney for that also.

You may have to see three different types of attorneys to pursue all of your claims.

posted by Trey Henderson  |  Mar 12, 2003 10:48 AM [EST]

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