My boyfriend was involved in a car accident last year, it wasn't his fault. He almost died because his car was rear-ended by a pick up truck, then his car enden up on the opposite lane and that's when a semi truck hit him. he couldn't get back to work right away because of his injuries, so his job let him go after 2 months. He still couldn't walk and he still had a cast on the left leg. His job said that according to their policy, an employee can only be off from work for 2 months. I keep telling him to file a lawsuit against his former employer because it wasn't his fault, and he was going back to work anyway after 10 weeks (2 1/2 months). He just needed an extra 2 weeks to get the cast remove, but his boss said no. We think they did that because they hired somebody else w/ a lower salary. What do you think? Did his former employer break any type of "Labor Law"? Thanks!
2007-01-23 11:01:28 · 5 answers · asked by Angelina 2 in Politics & Government ➔ Law & Ethics
WE LIVE IN ILLINOIS.
2007-01-23 11:07:13 · update #1
THEY DIDN'T EVEN PAY HIS SICK DAYS. So from the day of the accident, they stopped paying him.
2007-01-23 11:28:05 · update #2
ask any lawyer: he was employed at will for the company he worked for, and can be subjected to termination with out notice, except when discrimination is involved, ie. sex, religion, etc.
you don't have a leg to stand on so have him go get another job, and if this happened to me do you think I'd want to go back working for them?.....hell no
good luck with his recovery
2007-01-23 11:08:09 · answer #1 · answered by rsltompkins 3 · 0⤊ 0⤋
That sounds incorrect to me. You had a job on your previous position - become your overall performance record good there? till you've been no longer as a lot as snuff, it doesn't sound appropriate that they could stress you to take a sparkling pastime if the former one nonetheless exists and also you've been doing it properly. in the experience that your overall performance interior the former pastime were something below good, you should were notified of that and given a probability to strengthen. in case you weren't notified of that, which will be unfair practices. they'd declare that they gave you an chance interior the recent position that you would no longer have had interior the former - yet notification shoudl were made, and would come right down to semantics. base line, get a not person-friendly artwork criminal professional. they ought to take care of to examine no matter if you've a case on your first short assembly. Take each little thing you've - the former pastime description, any overall performance comments, and the recent pastime description alongside with any memos or letters you've been given as to the words of the trial interior the recent pastime.
2016-10-16 00:23:33 · answer #2 · answered by ruddie 4 · 0⤊ 0⤋
sorry, but you dont have any case.
your boyfriend was out of work for far too long; longer than what his job could afford to have him out that long. They can't control his health, so the only people you should be suing is the person who rear-ended him for lost wages due to the accident (ontop of medical bills, punitive damages, and repair work needed for his truck).
Take a look at it from his ex-employer's point of view. How long do you think they should wait for his return? And in the mean time paying him for a job he isn't doing? (salary?). that's money wasted, so it becomes a loss for them as a business.
What was his "job"? Did it require him to be "physical" and that with his accident, he couldn't perform his job? Do you expect a construction worker to be paid if he has a cast on his leg, that prevents him from accessing parts of a building that would require him to balance on i-beams?
Again, Illionois is an At will state. and they gave your boyfriend a lot of time to recover, but couldn't afford to keep him on, seeing as he didn't fully recover.
YOU do have a case against the person who hit him.
2007-01-23 11:15:06 · answer #3 · answered by arus.geo 7 · 1⤊ 1⤋
Sounds like it! Try the sites below, make sure to change the State/Location in which he works/lives. The last site is an affordable to get access to an Attorney in your State.
2007-01-23 11:09:10 · answer #4 · answered by citronge69 4 · 1⤊ 0⤋
I don't know for sure but I do believe it is determined by the state you live in.
2007-01-23 11:06:09 · answer #5 · answered by luvguns2002 3 · 0⤊ 0⤋