Can I take legal action?

Question

I was fired about a month ago due to attendance issues. One of the times that they claimed that I was tardy was due to coming in late on a worker's comp appointment because I didn't have a vehichle and had to take the bus. Is there anything that I can do? I'm sure that I can get records from my appointment backing up the fact that I was there and what time I left.

This is really great information. I really appreciate it. I should mention that this is the only time in over a year that I was late. The other times were due to the horrific snowstorm that hit denver in late December/January and I didn't have a 4x4 vehichle. Thanks again.

Answer 1

Obviously you were late more than that one appointment, so they had grounds to fire you, sorry kid suck it up and find a new job . This time make sure to show up on time very time.

Answer 2

A local referrall service should exist where you live. I do not think you have a case because it is your responsibility to notify your employer of all appointments and relay the treating phyician. If you become injured at work take these steps fill out accident report immediately most employers will drug test you. 2. Keep all paperwork , appointments, 3. Locate the following documentation. State Department of Workmans comp REPORT OF INJURY OR ILLNESS . 4. Request previous employer of personal file contains : hire paperwork and according to how long employed and the employers general implementation. Some companies have good records incuding reviews between the first 30-90 days . If at that critical time you were, calling out or being late it will be brought up during your reviews. Perfomance is based on : a scale of standards . Most corpations are diverse in some you are expected productivity goals in retail(sales) restaurants , and telemarketing. Buy what I am reading you do not have experience and you do not have any common sence.

Answer 3

I agree with all of the posters regarding your past history, but lets spin doctor this a little bit. Were you at your place of employment for a minimum of 1 year and worked 1,250 hours? The company has at least 50 employees or more? Then you may meet the guidelines under the Family Medical Leave Act (FMLA) which allows 12 weeks of protective leave that can even be taken hourly. Now does HR want you to know about this? Hell no. Because it's a pain in the neck to keep track of and no way we want the employees to know about it. Was your lateness due to this injury or doctors appts due to this injury? Were you out on worker's comp for less than 12 weeks? If you were not out for over 12 weeks (lets say you were out for 11 weeks) that would mean you still have 1 week left meaning you have either 7 days of protected leave or a total of 45 hours (8 hours per work day.) Remember, the latenesses must have been related to your injury or some type of illness covered under FMLA. If not, you have no case and were legally fired. As one person posted you may find a lawyer who may take the case and try to spin doctor it into a retaliation case due to your worker's comp, but based on the information you submitted it would be way to far fetched.

Answer 4

Redvelvetflames has hit it directly on the head. I work for a state Department of Labor and she is 100% correct. FMLA is your only recourse. Contact the HR dept immediately and see if you can file a backdated claim. If not, contact your state labor board prior to thinking about suing. If you were in fact injured on the job, the law requires that you are given special accommodation for your treatment and this may require that extra travel time be allowed due to your lack of transportation. As a matter of fact, most states would require that your employer pay/provide transportation to treatment facilities. If they refuse FMLA and you cannot afford an attorney, contact your state human rights commission and file a greivance. Termination while under a pending worker's comp claim is a very tricky situation and you could regain your employment. But, from now on, GET TO WORK ON TIME!!!

Answer 5

What I as an adult 52yrs have noticed is the work ethic of young people,never calling to say that they can't make it due to illness.
The fact that you know of the appointment,yet didn't allow for travel time, this due to no car. Taking the bus you should have taken an earlier one.
And the legal action ; well corporate America has that tied so that your claim will go no where. This is where folks now days get messed over, go for it.

Answer 6

If you were fired for attendance, changing the record on one tardy is not going to magically fix the other attendance incidents that presumably got you fired. The company does have the right to require employee to schedule appointments, even WC appointments, after hours and to arrive at work as scheduled.

Answer 7

Honey, Had you not had a prevous history and warnings of attendance problems, this worker's comp appointment would have not been a problem.
The employer expects you to be at work and on time just like you expect your employer TO PAY YOU & ON TIME.

Answer 8

Most states are an "at will" employment" which means you can be fired without cause. If you're in one of those states it's academic. If not, then since you say one of the times? I'd say you're done, more than one tardy is documented so you're out of luck.

Answer 9

hi amy, your statement says that you had been late for several times.
if u received 3memorandum regarding your attendance, you can be fired automatically for negligence and lack of work interest...
if no memo or warning given to you, well, legal action may take place....
if u take legal action, that would be costly on your part.. and might drain your finances and hassle on your daily life for attending strenuous hearings..
better look for another job. and do your best to follow the policy of the company.

Answer 10

Nobody fires you for being late to work twice in one year. There's something you aren't telling us here.

Be sure you have your facts straight before you hire an attorney.