I fell at work and then was fired. What should I do?

Question

I was finishing up a task at work one day when I slipped on an overly wet floor (mopped) and partially dislocated my hip. I told the owner and the human resources person the same day. I was told that if my hip was still hurting me on Monday that something would be set up with a dr. and I would have it checked out. I went in that Monday, which was also my scheduled yearly review, as normal ready to work. I was still having a lot of pain with my hip and was definatly going to tell my boss that something needed to be checked out. She, before I could say anything, came out of her office and told me that, due to an office reorganization, was out of a job. She gave me a severance and paid me for the vaction that was due. I told her that my hip was hurting. She acted like it was the first she ever heard of it, when i know for a fact that she knew about it that Thursday. I went to dr, did phys. therapy and am ok. i found out yesterday that i was fired because of the fall. What should i do??

i was contacted yesterday by a woman i worked with there (the human resources woman) and she said that she had contacted the office's lawyer and he was very upset about her "laying me off" right after the fall. she said that he was worried that i would sue. This woman just got fired for no reason, and is suing for wrongful terminiation. she said that i should join her suit for discrimination just for the principle of it. what do you think???

Answer 1

i think you should join her in suing but not before contacting the labor board. my husband played a part in a wrongful termination when a guy at his job was dismissed for mentioning the union. the guy got his job back with all backpay including all possible overtime pay plus mental anguish damages. my husband did not know this guy but was at the meeting which was when it took place... after the guy was told to leave my husband excused himself and told the guy to call..... THE BIGGEST PROBLEM IS THAT WE HAVE WORKERS RIGHTS BUT ARE TOO LAZY TO LEARN THEM. file your claim and get your job back.

Answer 2

First of all, you shouldn't be sharing so many factual details on a public website. Second, the best advice anyone can give you is to seek seek medical attention immediately if you are in pain and then seek advice from an employment attorney in a confidential setting. There are a number of issues that need to be explored before determining whether you have legal grounds on which to sue your employer. Get the advice first regarding your rights and options. You should also be aware that getting involved in a lawsuit, whether you are the plaintiff or defendant, will take an emotional toll on you. Best of luck.

Answer 3

First of all, you made several critical mistakes which you will have to overcome in order to collect in a suit. When you have an accident, a report should be filled out immediately and you should get a copy. Secondly, YOU decide when to go to the doctor, not them. You should have insisted that they take you right then and there or have them call an ambulance for you. (If you take yourself, they can claim that you did something on the way. Having a co. rep or EMT with you at all times defeats that argument before they can make it.)

As for the rest of the drama, Just testify in her case and have her testify in yours. She will probably lose hers, btw. She got fired for cause for firing you. She deserved to be fired. Don't try to join the suits together.

Answer 4

They are scared of having law suits from people who get hurt on the job. Not sure why they are so concicious about it. But I would deploy the EECO (Equal .......) I forgot what it stands for. Something about Equal office for employment.

State your facts, and with whom you spoke, what has been said, file a complaint, contact a lawyer. It was unlawful for them to fire you.
If you haven't spent the severance package she gabve you, take the check, go back to her, drop it off, let her sign it, and say see you in court! do not spent it!as the court might say you're i=entilteld to more.

Answer 5

First of all, don't get sue happy. Call and ask for the name of a company doctor. Tell them you will need the name of their insurance so that you can file a claim. If it prevents you from finding another job, then you will probably get workman's comp. By the way, this is being typed by a person that is laid up from falling....

Answer 6

Find someone who witnessed the fall, then file a report with workmen's comp, contact human resources and your boss again.
If none of these help, call one of those noisy accident lawyers who always advertise about getting you millions. If I heard right, they often work on a 'results' basis.
And yours sounds like a case that should get pretty good results.
Good luck!

Answer 7

You need to contact a legal professional. You can either a) go thru your states Department on Human Relations and they can help you free of charge or b) contact a workers comp attorney and the majority of the time the first consult is free.

Answer 8

I WOULD join the lady. It appears to me that you HAVE been wrongfully terminated. It looks like you were fired so that the company would be able to avoid compensating you for your accident and pain. That's cruel, actually! Sue for wrongful termination to at least get compensated for going to the doctor AND for anything else owed you, like pay that you'd have missed while being laid up. Good luck!

Answer 9

There are legal ways you can deal with this if you want to be reinstated at your job. Go to the labor relations office in your city and ask some questions.

Answer 10

If you sue do it with your own lawyer, file separate suits. That way you could call her as a witness for your case and vice-versa.