i have been working at this place for 2 weeks (i realy like it) screwed up my back and got put on work restriction. then i got fired for "lack of preformance" is this legal? is their a website for work restriction laws in wisconsin?
2006-10-25 06:24:29 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Go to the Wisconsin Labor Board.
They usually take the side of the employee.
2006-10-25 06:27:49 · answer #1 · answered by jkv1111 3 · 0⤊ 0⤋
I don't know Wisconsin law, but if it is an "at will" state (and most are) you can be fired for almost any reason at all. If your injury prevented you from doing your job properly, the employer usually has to honor the restrictions IF there is a job you can do within your restrictions. If there is no way for the employer to accomodate you, then unfortunately, in most states you can indeed be fired. Work restrictions do not have legal protections that a disability does under Federal law. Since you were fired for "poor performance" you should be able to file an unemployment insurance claim with your state.
2006-10-25 06:36:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Did you screw up your back at work? If you did then you might have an argument. If you hurt your back outside of work then you really don't have an argument. I think Wisconsin is a right to work state. Meaning businesses do not need a reason to fire you, they can just fire you. If that is true then there is not a thing you can do about it.
2006-10-25 06:37:01 · answer #3 · answered by goingtosoco 4 · 0⤊ 0⤋
Yes, it is legal. Wisconsin is an "at will" employment state. Your employer can "let you go" at anytime for any reason. Especially within the first 30-90 days, depending upon your employer's "probationary" period.
If you still have questions, I'd check with the State Employment Board or the EEOC (Equal Employment Opportunity Commission)
2006-10-25 06:33:39 · answer #4 · answered by DEATH 7 · 1⤊ 0⤋
You should not have done what you did to "screw up my back." No employer wants someone so careless working for them. You liked the job but you only worked there two weeks and then did something stupid to screw up your back. Also, people get jobs then purposely screw up their back and file for comp, disability, whatever welfare they can get. And, even with a screwed up back, you should have gone to work and work as if you didn't do something stupid to screw up your back.
Forget the "legal" thing. Doesn't matter. What are you going to do even if it is "illegal?" Do you have 20,000+ for legal expenses? Nobody cares about your back or your lack of performance. Stop looking for easy bucks and get back to work and next time put your employment first and your fun second. That way you won't screw up your back again.
2006-10-25 06:36:20 · answer #5 · answered by ALWAYS GOTTA KNOW 5 · 1⤊ 1⤋
most jobs under 90 days, or sometimes 30 days, you're on probationary period. unfortunately that means they can get rid of you for any little thing. you should have been told this during interview or 1st day of employment, and asked to sign something with that statement (probably fine print, haha) if not, you might have a case.
also check your area's department of employment services, they'll know all state and county work related laws.
2006-10-25 06:38:35 · answer #6 · answered by Jenna 5 · 0⤊ 0⤋
I would contact your state's labor board and see what they have to say. Most states have a provision that you can be fired for any reason within the first 90 days of employment.
Good luck!
2006-10-25 06:33:04 · answer #7 · answered by annathespian 4 · 0⤊ 0⤋
forget the better business bearu contact the equal employment commission. if you had a note from your doctor and had to be put on work restricted duties and you got fired for not being able to perform those duties that were restricted by your doctor you have a serious suit. good luck
2006-10-25 08:00:00 · answer #8 · answered by ABC 3 · 0⤊ 1⤋
If you got hurt at work you have a few options , if it was not at work you could be let go even if you had been there ten years.
2006-10-25 06:45:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No, it isn't legal, but darn hard to prove you weren't fired for the reasons stated.
2006-10-25 10:58:45 · answer #10 · answered by Slimsmom 6 · 0⤊ 0⤋