hired an attorney now employer is saying I can not come back because I did this? CA

[inneedofhelp]

I was told by my HR dept in writting I will always have a job to come back too! I had to get an attorney! My adjuster warned me if I did I would no longer have a job to come back to.Now HR sent me another letter saying how disappointed they are in me that i took this route and they are taking back their offer of having a job for me when I get off of w/c Is this legal ?Do I need a labor attorney now as well?

[1171]

if your employment is covered by FMLA then you have 12 weeks of job protection while you are off work.
http://www.dol.gov/esa/whd/fmla/
it does sound like retaliation for having a claim. california work comp laws have anti-discrimination provisions. your work comp atty can file for increased benefit for a 132a violation.

[inneedofhelp]

1171 Wrote:if your employment is covered by FMLA then you have 12 weeks of job protection while you are off work.
http://www.dol.gov/esa/whd/fmla/
it does sound like retaliation for having a claim. california work comp laws have anti-discrimination provisions. your work comp atty can file for increased benefit for a 132a violation.

FMLA was used up. This is a very big company not sure why their
attorney would allow them to put this in writting if it could be used against them? I did put in a complaint to the w/c when adjuster first told me not to hire an attorney because they will not keep me on and he wasnt suppose to say anything ( This was my first clue that something
was not right) I immed then got myself an attorney.

[chrischris]

It is discrimination to fire you for exercising your WC rights. As 1171 says, you can file a 132a. However, my attorney does not bother with 132a's as he says it's not worth it. The maximum award for $10,000 and out of that, he would get $1,500 (saying you get the maxiumum award). A 132a takes a lot of time and paperwork and according to my AA, is a waste of time for him and me.

Don't be discouraged though, your AA may be different. You have back up documentation and it sounds like an open and shut case. Some adjusters and employers aren't the brightest crayons in the box and think they can control you.

By not allowing you to hire an attorney, it puts you at an unfair advantage. Your employer and insurance carrier have attorneys and believe me, they are only in the business to negate your claim.

You did the right thing.

[Bad Boy Bad Boy]

1) The adjuster can say anything they want about your employment, because they have nothing to do with your job anyways;

2) You may wish to take your letters from the HR Dept down to your State EEOC Office, and file a complaint. But, since we don't really know you will end up with employment or not, the truth has yet to be seen. Meaning your still out on the injury, and don't know if you will or won't have a job to come back to;

3) After your 12 weeks FMLA are over, your employer has a legal right by Law to where they are allowed to replace you.

[rholmes]

Sounds to me like they were planing to get rid of you anyway. I myself think you did the right thing if you felt you needed a lawyer. What I don't understand is they put it in writting. My job tried to do the same to me and I know several others that it was done to, but like BBBB said you won't know until you try to return. I got my job back because they said I was to disabled to work, but I had been working for the past 5 years they had no leg to stand on. On the other hand my co-worker wasn't as lucky and she was fired because she had been out a whole year. Well good news, even though she suffered loss of income and almost became homeless she found a good civil rights lawyer and I will say just this. She got her job back her full retirement PLUS!! Today she is a wealthy woman and will never have to work again. You need to check out the ADA laws and see if you fall into that slot.

[Wink]

inneedofhelp Wrote:I was told by my HR dept in writting I will always have a job to come back too! I had to get an attorney! My adjuster warned me if I did I would no longer have a job to come back to.Now HR sent me another letter saying how disappointed they are in me that i took this route and they are taking back their offer of having a job for me when I get off of w/c Is this legal ?Do I need a labor attorney now as well?

Wow! Such documentation is rare! If all is true, as you state above, then your lawyer should be dancing with glee. Not only can it add more funds to your case but also may reduce your employer's credibility. If he diddle-dadles around about filing a FORM 132a, then you should find another lawyer (first) then fire the current one.

[inneedofhelp]

Thanks-guys !!! I will call my Attorney I did fax him the letters. My
co-workers are calling me as well saying my boss told them I am never coming back. The HR Dept are saying they had no obligation to
keep me on after my 12 weeks ended on FMLA but as long as I am still on W/C then I am still an employee after that because I hired an attorney they can no longer hold out that same offer under such circumstances.I guess the adjuster was telling me the truth. I also have a witness that heard him say this to me.