Through no fault of my own, I had my foot broken badly in 2 places, and because of a workplace technicality, I lost my Job. I can't sue the company because the technicality I lost the job on was in the "contract" from the beginning.....so here's my predicament:
My foot is badly broken and will take 2-3 months to completely heal, so applying for jobs right now will do me no good...
I am my family's ONLY source of income, and without that income, we cannot stay afloat.
What can I do now? I can't get another job, I can't sue my old job because "technically" they legally fired me. I can't borrow money from anyone because everyone I know is as broke as I am........so what?
I'm all out of ideas, and up $#!T creek without a paddle. ANy sound advice would be welcome.
2007-04-19 21:03:27 · 7 answers · asked by Speedybaby101 2 in Politics & Government ➔ Law & Ethics
remember, a lawsuit is not an option, I've already looked into it. The employer has me on a completely B.S. technicality, so sueing them isn't an option
2007-04-19 21:12:20 · update #1
The "technicality" is that they accused me of wrecklessness on the job, and had other employees apparently give "written statements" that I was being wreckless, even though There was only ONE OTHER employee present at the time, and he claimed to not have seen it!......as I said, complete B.S.
Trust me folks, I've been round and round on the legal issue with this, and besides, even if I could somehow tackle this through legal channels, it would take months. What do I do in the meantime?!?!
FYI: I live in the United States (Texas, to be exact) so British law or benefits do not apply to me...
2007-04-19 21:38:09 · update #2
What on earth was written in that contract of yours that 'technically' allowed them to fire you?
If the broken foot resulted due to something ON the job, then its still true that under the Health and Safetly regulations, you can get them legally, (so long as you were not drunk on the job or otherwise reckless) because they should only be able to SUSPEND you, not fire you.
And if you worked there for over a month, they HAVE to pay you for upto 26 weeks while you recover on suspension.
I'd get a better lawyer.
http://www.direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork/DG_10026595
http://www.tuc.org.uk/h_and_s/index.cfm?mins=260
http://www.direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork/DG_4016683
http://www.lawgazette.co.uk/inpractice/legalupdates/view=details.law?GAZETTEINPRACTICEID=329725
Look over those URLS to give you a better understanding, and then seek legal help, with someone who understand the Health and Safety Regulation acts.
EDITS IN : Ah to the reckelssness issue. If they have written statements theres not much hope going down that road.
HOWEVER even in Texas, you should be allowed to seek some sort of benefit payment while unfit for work due to your foot.
Best place to begin to find out about this is to get in touch with an agency who understand it in depth. Theres a legal aid in your area that works with many other organisations and will point you in the right direction to get some money coming into your home till you are healed.
These guys could probably also help if the Employers are using written statements from workers who were not even present at the time, because they are NOT eyewitnesses if not present, and can only at best give an opinion on any 'recklessness'.
Legal Aid of NorthWest Texas [2 Locations]
Address:
1515 Main Street, Dallas, TX 75201
600 East Weatherford Street, Fort Worth, TX 76102
Phone:
(214) 748-1234
(817) 877-0609
Hours:
M-F 8am-5pm
Home Page:
http://www.lanwt.org/
Notes:
(On March 1, 2003, Legal Services of North Texas was formally merged with West Texas Legal Services, resulting in “Legal Aid of NorthWest Texas.”) Provides free legal services to low-income persons in civil law matters. Probably the best starting point when seeking legal aid, since this organization is involved in a wide variety of special legal programs and cooperative efforts.
2007-04-19 21:25:59 · answer #1 · answered by Anonymous · 2⤊ 0⤋
you may touch an criminal expert right this moment. you would be able to desire to have witnesses that observed you get injured and you'd be able to desire to have greater of a case than you would be able to think of. have you ever been offered with suited secure practices coaching, and is the reason the right way of lifting and wearing? And if so did you sign any data that practice which you have been given suited artwork place secure practices coaching and saftey rules of that particular artwork section or activity? whether you spoke back definite to the two a kind of questions, what you have published does not sound criminal. The criminal expert shouldn't can charge you any money for a consultation and probably won't can charge you any money till you win a settlement (possibly a % of the settlement). Being launched for be careless straight away after an injury (which you assert you weren't appearing carelessly and have been doing all your activity and have atleast a million witness) feels like a lawsuit to me.
2016-10-13 00:34:22 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You ought to post this "technicality." It sounds bizarre. If you're in the US, you get injured on the job, you get worker's comp. Plus Family Medical Leave Act should offer some protection. Check the government pages in you phone book for EEOC - Equal Employment Opportunity Commission (? I'm no sure about the C - could be council). Call them to see if you have a case - shouldn't cost you anything.
If, for some reason, there's no worker's comp coverage, then consult a personal injury lawyer. Perhaps the employer's negligence caused your injury
2007-04-19 21:29:48 · answer #3 · answered by Lyndon C 2 · 1⤊ 1⤋
get down to the DSS and apply for industrial injuries disablement benefit.
secondly, get to a personal injury solicitor, because unless you explicitly signed a contract stating you agreed to be injured at work or you had been negligent or reckless regarding health and safety you can still prosecute. They cant take away your rights in that respect. Other than these two courses of action theres not a lot else you can do
2007-04-19 21:13:33 · answer #4 · answered by vdv_desantnik 6 · 1⤊ 0⤋
Go to your local trustee or your local welfare and see if you can qualify for any short-term benefits until you can get back on your feet.
Most cities have a food bank, but if not, many churches have a food pantry to get food for you and your family.
If there are other members of you family that are of legal working age, they could apply for temporary employment through a temp agency.
2007-04-20 01:07:04 · answer #5 · answered by bottleblondemama 7 · 0⤊ 0⤋
sounds like you need a lawyer that will take a case and collect his fee out of your winnings
2007-04-19 21:09:43 · answer #6 · answered by ? 5 · 1⤊ 0⤋
hobble down to the welfare office and get a check
2007-04-20 01:54:01 · answer #7 · answered by Anonymous · 0⤊ 1⤋