My boss tells me he has to fire me

[matt]

I'm new to this i had back surgery in 1-07-08 and 11-5-08. And now my boss keeps telling me he has to fire me.I want to know if he can do that legally. And can anything be done that he keeps telling me that.He tells me this about once every week I don't know if i got a job when i go in or not.I do not have a lawyer yet. I'm in Missouri any help is great full.

[Manley2]

Did you file WC claim on both of these injuries?

[1171]

it's what he does that counts more then what he says.
check out your FMLA rights
http://www.dol.gov/esa/whd/fmla/
and ADA
http://www.jan.wvu.edu/links/adalinks.htm

[Lilly]

Hi,
What reason is the boss giving you for the threats of firing you? Your injury? Get the reason in writing and talk to EEOC lawyer. He can't legally fire you because of your injury....but he can make up other excuses and get away with it...many of us on here lost our jobs due to injury after the FMLA ran out.... sadly, it is common. Like 1171 said above....it hasn't happened yet anyway.

He may be telling you this to try to intimidate you, so you'll hurry up and return to work.

What exactly is your "Bad News" injury?

Take care. Lilly

[matt]

Yes i turn it in on wc. He keeps telling me that he has to fire me because i cna not do my job anymore. But is it legal forhim to keep telling me and keping me upset. and stress out all the time.He told me today that i need to let him know what i want him to do. I have a wife and kids i need a job. But the stress and wearing is makeing it hard to handle sometime.

[1171]

you cannot accept permanent impairment benefits for functions you say you cannot do and then also go to work and do them.

[matt]

What do you mean by bad news injury?

[Still in Limbo]

1171 is Totally Correct on this One! If You have been given Restrictions by Your Dr., and You do Work that is Over and Above the Restrictions, not only can You Injure Yourself Further, but All Your Boss has to do is get You on Tape Working Over the Restrictions, and You could Lose any w/c Benefits, Monetarily or Medically!! I don't think Personally that You should be Harassed Daily, but if You can't Perform the Duties for a Short Term until You Heal, You can Ask Your Dr. to Pull You From Work until You Heal, and You will get Your w/c Monies, and if Your Restrictions are Permanent, You aren't Helping Yourself or Your Employer! Is there a Job You can Perform for this Employer within Your Restrictions? You May want to Ask Your Employer this, and I Personally would Make it Clear that if He is trying to Fire Me due to Retaliation of Filing a w/c Claim, He should be Expected to Hear from My Attorney. Employers have to at Least Act Like they are Participating in the "Interactive Process" to Retain You and give You Work within Your Restrictions, but in the Real World that doesn't always Happen. The Ultimate Decision is Yours, We can't Definitively Tell You what to do, but if I had to Leave because of Harassment, I Guarantee I would Leave with a Couple of that's Bosses Teeth in My Pocket!!! Best of Luck!!