I developed carpel tunnel from using the 10-key. I filed workers compensation and began treatments in October of that year. In November the company fired me saying that my employer claimed that my performance had declined after I filed for my injury. My employment record now says that I left "Involuntarily" which has affected my chances to secure employment elsewhere. What can I do to have my employment record cleared or at least changed to voluntary leave from the company. Hire an employment lawyer?
2007-01-29 07:59:13 · 9 answers · asked by cloned247 3 in Politics & Government ➔ Law & Ethics
This is a tough situation. Most states in which you have no contract to work will allow anyone to terminate for any reason.
However some states have a wrongful termination tort and a lot of the claims are based on people being fired for filing workers comp.
Talk to a lawyer. They are best able to advise on the law in your state and sometimes just the fct you got a lawyer will be enough to alleviate your situation.
2007-01-29 08:06:49 · answer #1 · answered by Carey T 3 · 1⤊ 0⤋
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2016-05-20 01:09:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are residing in California, you should file a discriminatory firing action, under Labor Code sec. 132(a) against your prior employer.
As a term of settling the claim, you can have the employer put in your record "voluntarily resignation."
I highly advise you to talk to your workers' compensation attorney about this issue.
2007-01-29 08:11:21 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 0⤋
Good idea; did they give you a pink slip notifying you of your termination? One thing to make sure the lawyer knows- tell him you want to file a complaint for unlawful termination with EEOC. That should get the employer's attention real quick.
2007-01-29 08:10:51 · answer #4 · answered by rosey 7 · 0⤊ 0⤋
Definitely hire a labor and employment lawyer who takes plaintiffs' cases. You might have a viable claim for retaliatory discharge.
2007-01-29 08:22:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Those are the hardest cases in the world to try and win. Definitely contact an employment attorney. You are going to need a good one.
2007-01-29 08:10:11 · answer #6 · answered by Starla_C 7 · 0⤊ 1⤋
First of all if it was impossible to find a job after being fired we'd all be unemployed. Everyone gets fired at one point or another. It won't hurt you. ( Only if you commit a crime will it hurt you....Like stealing or fighting ) Don't worry. You will be just fine.
2007-01-29 08:05:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Contact a labor attourney, they would know best if you have any kind of legal recourse or not. Good luck.
And you might want to remind them that
Duh of course my work declined slightly you *** bags I AM Injured due to your crap equipment.
Maybe the attny can use that as the suit if you choose to take it to court.
2007-01-29 08:05:30 · answer #8 · answered by traea_1 2 · 1⤊ 0⤋
You've just answered your own question.
2007-01-29 09:59:05 · answer #9 · answered by nickle 5 · 0⤊ 1⤋