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lost job

Discussion in 'Off Topic Threads' started by 338reddog, Jul 4, 2011.

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  1. 338reddog

    338reddog Member

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    I am off work due to a work injury. I was assaulted by a previous employer in Sept 2010. I have been seeking medical help since that time and am covered under a work comp claim. I just found out I need to have surgery on my neck.

    Well I took a job with a company before I knew the severity of my sitiuation my doctor took me off work. It has been four weeks so far,I received a letter from my employer stating that I didnt show up for work on the 27th, and they were taking that as my resignation. Problem is I had not been released to return to work. It is the weekend and I dont have access to any info (attorney or EDD) so I thought maybe someone here might have some info.


    Jeff
     
  2. foghorn220

    foghorn220 Active Member

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    Ok so it has been 6 or 7 days since the 27th so have you called them and told them the reason why im sure if not then I would feel as they do im sure they want a working body to do whatever job they hired you for.

    Fog
     
  3. timberfaller

    timberfaller Well-Known Member

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    What state do you live in?

    If its WA state, Tuesday morning your first phone call should be to a L&I attorney!(don't go for the "chain" firms) Your blood pressure will thank you!
     
  4. jimrich60

    jimrich60 Member

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    Maybe I am missing something here, but why did you not take your doctors written diagnosis and comments into your "new" job before you were scheduled to start and explain the situation? Seems to me that might well have prevented the current situation, and would at least have explained to them why you could not report on the 27th. While they might not have hired you if they had known the situation, they also might have agreed to hold the job until you were cleared to go to work. Lack of communication seems to be the issue here.
     
  5. cubancigar2000

    cubancigar2000 Well-Known Member

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    as of now your employer is correxct. It is called job abandonment. It may well be too late to submit the doctors excuse as in most states it is two days
     
  6. W.P.T.

    W.P.T. TS Member

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    "I am off work due to a work injury. I was assaulted by a previous employer in Sept 2010. I have been seeking medical help since that time and am covered under a work comp claim. I just found out I need to have surgery on my neck".


    I am not a Lawyer but it appears you have a civil and liable law suit against your employer based on what you said about being assaulted and then terminated due to the injury of the assault ... I guess there would have to be more to this story besides the other sides story to make any sense out of it ... What kind of business is this where an employee would be assaulted by his or her employer and for what reason ..? You are going to need more than one good attorney based on what you said ... I would also get in touch with the EEOC (Equal Employment Opportunity Commission) in your area and talk to them about this, something don't smell right ... Keep us informed of what happens please ... Thanks in Advance, WPT ... (YAC) ...
     
  7. Rick in Ohio

    Rick in Ohio Member

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    Take it from me I been in the same boat as you are right now and your not going to get any where with it. Save your money and go fine a new job after you get better. I have done the court thing and spent a hell of a lot of money and I ended up retiring. I am better off now than when I was working.

    The bad thing is if you even got your job back they will make it hard on you and your going to end up leaving anyway.


    Good luck buddy and I hope things turn out for you.
     
  8. davidjayuden

    davidjayuden Well-Known Member

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    If there was an assault, then the police need to be notified and a report filed. That document will help you in any negotiations down the road.
     
  9. SeldomShoots

    SeldomShoots Active Member

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    338 reddog, sounds like you had an on the job injury and either left or quit the job where you were injured. Then you took a new job and because of your medical condition, or need of surgery, you cannot perform the duties of the new job. You haven't been at the new job for at least 12 months (as it appears) so you are not eligible for having your job held for you for 12 weeks under the Family Medical Leave Act.

    The new employer does not appear to have done anything wrong assuming it hasn't violated the Americans with Disabilities Act. It seems your recourse and remedy lies in a Workers Compensation claim or personal injury claim against your former employer where the injury took place. Unless you injury was intentionally caused by your former employer your recourse would likely be Worker's Comp only. If it was intentional, then it is an intentional tort.

    You should consider consulting with an attorney versed in both areas of law to ascertain your obligations, rights and remedies.

    John E.
     
  10. 338reddog

    338reddog Member

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    I live in Ca, My doctor faxed over his report every time I had seen him, so my employer had a copy of my work status. The problem maybe that this is a corprate company with the main office in another state. I am unsure if my manager faxed his copy to HR. I know my leave was causing a hard ship for them but they knew I was injured when they hired me.

    John E.
    The assualt was intentional, my work comp attorney advised me to find an employment attorney and personal injury attorney.


    Jeff
     
  11. tcr1146

    tcr1146 Well-Known Member

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    Why am I skeptical, other than heard every story in the book from management's side! I would love to hear "the rest of the story" on this one!! Tom Rhoads
     
  12. g7777777

    g7777777 TS Supporters TS Supporters

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    Looks like you could have lots of problems- you might even be involved in some fraud- either civil or criminal

    I would suggest you ignore the comments on here and run dont walk to a local attorney who does labor and criminal law.

    Regards from Iowa

    Gene

    PS -- Oh you might want to delete this thread- could be a possible admission
     
  13. Rick in Ohio

    Rick in Ohio Member

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    I going to tell you one again your not going to get any where with it ....... I have been there and done all of it and spent one hell of a lot of money trying to fight it for over a year and I still lost my case in the long run.

    One you have cash that first workers comp check your done....... they can do what ever they want to do with you. Save your money and go buy a new gun don't give your money to the attorneys.
     
  14. 338reddog

    338reddog Member

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    Tom: The rest of the story is a very sad one that I dont wish on anyone. My previous employer for 22 was a family member(ever worked for family?)Emotions and personality conflicts basiclly destroyed our family. In the process I was physically assaulted, I did not fight back, I filed a police report (information report) but did not press charges.As a result of the assault I had numbness in my fingers and pain in my neck and shoulder. I took a job that was in the same field but more as management/sales position so even though I was in pain it was bearable. More recently another company that I had applied with asked me If I would like to interview. In short the position was offered and accepted. This new company was aware that I was in the care of a work comp doctor/claim. Unfourtantly I didnt know the severity of my situation and the physical requirements of my job increased my pain level so much that a MRI was done. The MRI showed severe compression on my spinal cord wich is going to require surgery to repair. Now as stated above the new company is stating since I did not show up as schedualed they are accepting that as my resignation. They were faxed my work status and knew I was not released to work. I understand that they needed to fill my position and dont fault them for that. However I believe they could have laid me off,wich would not effect my ability to draw unemployment after my recovery and when I am looking for new employment.
    Now I wish I could say the story ends there, but my wife and I have to decide whether or not to file a few lawsuite against my family. My retirement was tied into the business and after 22 years we have lost that. My work comp attorney advised me to sue. He says that with the info I shared with him I have one hell of a case. He also advised that I find an attorney who specialty is this type of case. I however struggle with the fact it is family.


    Jeff
     
  15. halfmile

    halfmile Well-Known Member

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    Right is right. Whoever is responsible for your problems has a degree of culpability, and is the only one who will be called to account for it.

    Sue them. Obviously they have not cared enough to try and resolve your problems. Who would take it up the butt for a situation like that?

    HM
     
  16. bigdogtx

    bigdogtx Well-Known Member

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    338reddog,,,,remember, nothing personal; just business....
     
  17. grntitan

    grntitan Well-Known Member

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    Now thats one F'd up situation.
     
  18. GERRYB

    GERRYB TS Member

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    I feel for you but if you never showed up for the new job why would you expect the new company to lay you off? Unemployment compensation is paid out of taxes employers pay for each employee on their payroll. If you were never on their payroll why do you feel you are entitled to compensation?
    I realize you are in a tough spot but the new company has no responsibility for your situation.
     
  19. SeldomShoots

    SeldomShoots Active Member

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    338,

    I believe GERRYB is correct. I cannot see how you would be eligible for unemployment, considering you cannot perform the job. Further, when you apply for unemployment, you are saying I am able to work, but I cannot find a job. That does not appear to be the case for you.

    Its time to quit seeking second opinions on TS.com and get on with a lawsuit against the true liable party, whether its family or not. You've already had one attorney tell you that. If a lawsuit against family is necessary, so be it.

    Good Luck, John
     
  20. 338reddog

    338reddog Member

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    Thanks guys, I appreciate the info and opinions. Gerry I did show up I worked just under three months for this new company and it was going well. I talked to H.R today, we will see wheree that goes.

    Aside from all that I am unable to shoot trap, or reload and I doubt I will be able to hunt much this year.I wonder if I can get compensated for that? :)


    Jeff
     
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