Was my wife wrongfully discharged?

My wife was hired at a dental clinic. She worked for 2 days and had a minor injury. She reported the injury as she was told to do, but didn't expect anything. The supervisor asked her if she wanted a blood test, which from my understanding the clinic has to do, by law. She agreed to it, but didn't realize it would cost $500 to the clinic. She noted she would be willing to pay the fee.

The next day she was treated poorly at work, not let to do anything, then at the end of the day, she found out 3rd person she would not be allowed to return after that day. She was not given notice by either the supervisor nor the clinic owner of termination or given any reason. She later called the supervisor and was told her abilities did not match her resume' and that was the reason. Then she hung up on her. The dentist that owns the clinic said it was because of the accident and that it was an expensive lesson to him and called her dangerous.

Your thoughts?

1 answer  |  asked Jun 28, 2010 09:21 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
Wrongful discharge is a nice term but does not provide a basis in and of itself for a claim. A discharge must be wrongful for an illegal reason. If there was an injury on the job then the actions may relate to retalition for reporting an injury on the job (a workers comp claim) retaliating against a person for making a claim is illegal. Your wife needs to speak to an employment lawyer that handles this type of case.

You can select one at www.oelasmart.net/directory and make sure to ask whether or not they have handled workers compensation retaliation claims. They may also evaluate your claim to determine whether or not you have any other basis for a case.

posted by Bruce Elfvin  |  Jun 28, 2010 09:38 AM [EST]

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