is this legal? - Printable Version
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is this legal? - blake - 03-25-2009 09:57 AM
i have been fired from my job because i couldnt return to my position because of the restrictions my dr has given me. fisrt off my employer called me after 11 months of being on workers comp and told me i had to go to their dr to have an exam to return to work and failure to do so would result in my termination, so i went to the dr and a few days later my employer called and said their dr had released me to full duty with no restrictions and i need to call them back for return to work, now my dr and the ime only have me on light duty with restrictions . so i told them i cant come back to do that job and i was fired, i called their dr for a copy of the report and they told me my employer had told them not to give it to my lawyer or i. is this legal and do i have a case agaisnt my former employer? if someone could please help me that would be great
RE: is this legal? - Still in Limbo - 03-25-2009 11:00 AM
Your State is needed to Give the Correct Answer, or to Guide You in the Right Direction! My State doesn't even Allow Employer/Employee Conversation when Attorney's are Involved, Everything has to go through the Attorney's, and Necessary Forms have to be Filed with the State, and the State Provides an "Availability to Return to Work" Letter, with the Dr.'s Report and any Restrictions Attached to it. You then have the Right Here to Appeal, and Continue to Receive Benefits while Your Case is Litigated through the Hearings Process to Decide which Dr. is More Credible. Doing things on Your Own, and Answering Your Employer without getting Your Attorney Involved is a Very Bad thing to do, and You May have Jeopardized Your Case already! Please Contact Your Attorney and See if they can Right the Wrong You have Committed!
RE: is this legal? - Bad Boy Bad Boy - 03-25-2009 11:20 AM
Any medical record in your case can easily be obtained through your attonery.
Your employer could have passed your employment on after 12 weeks, not just 11 months.
RE: is this legal? - blake - 03-25-2009 11:45 AM
i never made any contact with my employer my lawyer cant even get the report from them i have a gearing next week do i bring it up then? do i have a wrongful termination here? if so what direction to i look for help my case is in ny
RE: is this legal? - Bad Boy Bad Boy - 03-25-2009 11:48 AM
(do i have a wrongful termination here?)
No you don't. You could have been released from work after 12 weeks of being on work comp.
Again, your attorney can get this report. It's simple for them. All they have to do is Subpoena your records. It's that simple.
RE: is this legal? - blake - 03-25-2009 11:54 AM
ok thank you but this is the report my employer used to terminate me their dr is the only one who has released me and they wont show this dr's report. something is very fishy here they pay this clinic and i believe iam being treated very unfairly. they have been laying off due to slow bussiness and im just one loose end they are trying to tie up.
RE: is this legal? - Bad Boy Bad Boy - 03-25-2009 11:57 AM
No, your wrong.
(now my dr and the ime only have me on light duty with restrictions . so i told them i cant come back to do that job and i was fired)
That up above is their grounds to release you (fire).
RE: is this legal? - blake - 03-25-2009 11:57 AM
now when you say my state has to give me the right answer who do i look to for help from the state?
RE: is this legal? - blake - 03-25-2009 11:58 AM
if i have been fired will my case continue through the state?
RE: is this legal? - Bad Boy Bad Boy - 03-25-2009 12:02 PM
Your State is important for many things in Work Comp and Labor Laws & Rules.
But, just the basic facts, to your emplyment question is simple to answer, for it's just that, a basic issue. Your employer has the right of Law to keep their Business running, and running smooth. If you can't return to work even after 12 weeks of being off work, they have every single right by Law to replace you. You were just lucky that they held on for 11 months is all.
Do not ever think Employment Law and Work Comp Law work together. They don't.. You have a Work Comp Attorney, not an Employment Attorney. These Laws are way different from each event.