2007-10-12 06:51:57 · 19 answers · asked by jmf 2 in Politics & Government ➔ Law & Ethics
youve got it all wrong!! i was injured at work months ago!! the company has admitted liability for the accident.i am off work due to the accident.
2007-10-12 08:54:04 · update #1
Yes.
2007-10-12 06:54:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Yes you can. Any actions that are categorised as Gross Misconduct can lead to a dismissal. If you are of work due to an accident at work and it is totally unrelated to the act of gross misconduct, then the company are well within the right to call you in to attend the disciplinary meeting.
If you have had a letter asking you to atttend a dsiciplinary meeting, failure to attend the meeting for whatever reason can still automatically result in your dismissal also.
2007-10-12 14:47:13 · answer #2 · answered by ? 7 · 0⤊ 0⤋
If it was for "gross misconduct"...heck yeah you can be fired for the accident...now, on the other hand, a wise attorney could negotiate that into a settlement with the employer if he can prove that the gross misconduct was a result of not having been trained properly to do whatever the event was, that caused the accident.
2007-10-12 13:56:38 · answer #3 · answered by Gary D 7 · 0⤊ 0⤋
Yes. Generally, the two are not related to each other. If you think "an industrial accident" protects you from termination, you are incorrect. Gross misconduct implies something that could have injured yourself seriously, or a coworker, the deatlh of another employee, or damage/destruction of equipment. It sounds like you really screwed up . . .
Your union rep does not determine what is and what is not "gross misconduct" as that is usually spelled out in OSHA or the State Safety Guidelines.
2007-10-12 13:55:51 · answer #4 · answered by commonsense 5 · 3⤊ 0⤋
You can be fired for the misconduct. The fact you got hurt gives them an even stronger case for termination.
However, if you were hurt at work, you should continue to get paid until the doctor clears you, unless the circumstances were extreme. You should check with your union president or a labor attorney, that is the best I can do without having more info.
2007-10-12 13:57:01 · answer #5 · answered by trooper3316 7 · 1⤊ 0⤋
If the accident was your fault, sure. The fact you are out does not stop their ability to fire you. You were fired for gross misconduct. Only way out would be to show in court that their was no misconduct on your part and that the discharge was in retaliation for being out.
2007-10-12 13:55:53 · answer #6 · answered by davidmi711 7 · 2⤊ 0⤋
Do you mean that the accident was caused by gross misconduct that you were responsible for? Yes, you can be fired.
2007-10-12 13:55:54 · answer #7 · answered by Vivi 5 · 2⤊ 0⤋
Yes, you can be fired that, and if the gross misconduct was the company's than you can sue for that.
2007-10-12 13:58:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes. Because of the gross misconduct it can be classed as a self inflicted injury.
2007-10-12 13:55:30 · answer #9 · answered by namsaev 6 · 1⤊ 1⤋
What do you think gross misconduct means. You not only did a bad thing but you did a horrible thing and if I understand your poorly worded question your horrible conduct got you hurt.
Tou act stupid you get treated stupid, stupid. I just love you "I did something horrible but can they do anything to me for it?" types. "Why am I having to experience something horrible just because I did something?"
2007-10-12 14:06:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋
In agreement with the poster "Turtle." More information is required. When was this offense committed? Were you reprimanded prior to going on leave. You need to give more details.
2007-10-12 13:58:09 · answer #11 · answered by Anonymous · 0⤊ 0⤋