I was fired from my job for reporting an injury. I was told I was committing a safety violation. I never asked them to formally record the injury. I just wanted them to be aware of it should it happen to get worse. I never sought medical attention for the injury nor did I miss any work due to the injury. The injury did not affect my work either. I also never posed any potential danger or threat to any potential employee who could have been anywhere near me. In fact, no one even witnessed the injury. No damage was done to any company property either as a result of the injury. Was I wrongfully terminated?
I have already contacted the Human Rights Commission for my local county. I also have documented proof that they have been discriminating against me since October 2006. If this cannot be resolved informally, the company will be in a lot of trouble. I have cancer and they know it, yet after returning from five weeks' disability in Oct 06, I have been a valued associate and have hardly missed any days except for five days in December when I was hospitalized and needed two pints of blood transfused. Even though I called them every day to say why I was not going to be in and they said don't worry, just take care of yourself, they wrote me up for it when I came back, stating I missed work when the season was busy. They are discriminating against me.
The company was committing a safety violation themselves because of the danger that was present and was the reason for the injury. The company has metal or steel connectors to connect two shelves together and in this particular aisle I was working in, the connector is there but there is not a second shelf so the metal connector is protruding out and poses a safety risk. The company is the one committing a safety violation here.
Michael F
get a lawyer and contact the labor board
Cister
Something is amiss there. You should not be in this situation. Labour and Board of your state/province can help you.
Abel
OMG I feel so sorry for you. The way they treated you is really outrageous. It only mans one thing: they want to get rid of you, so hang in there and pursue your complaint with the HRC. Companies like this should be given a lesson.
Peace and blessings!
kNOTaLIAwyR
Well, it doesn't sound like you were fired for reporting an injury, because you stated that the company reported the injury (when you didn't want them to do so).
You stated that you never posed any threat to any potential employee (who may have been near you when you were injured), and "...just wanted the company to be aware of the injury - in case your injury got worse (which could be interpreted as a threat to the company)."
If you tell everyone that you never sought medical attention for the injury, then you can't blame the company for anything relative to the injury (because you declined medical attention).
All that being said, you may contact the National Labor Relations Board in Washington, DC, and tell them precisely what happened.
Good luck to you.
cuch
Do you have a Union Rep. ?
Is it a company who hires and fires 'at will' ?
Discrimination, American Disabilities Act, and Accommodations for the handicapped are all laws that have to be abide and Civil Liberties get narrow minded about non-compliance.
Sounds like the company figures you are more of a liability then an asset .
Sounds like you have a suit...good luck.
sex goddess
well im wondering what it was u was doing to hurt yourself? also was it an at will employment (meaning they can terminate u at anytime for anything they deam a good reason) of course all that would also depend on how long u was at work (before taking off for treatment)
majormomma
It sounds like your company has a safety policy and you violated it in some way, which caused your injury. If you did violate the safety policy, then your employer has the right to take disciplinary action against you. The company policy would dictate what level of disciplinary action is appropriate for the violation.
Many employers take safety very seriously. They don't want their employees and customers injured and they sure don't want OSHA coming in to inspect and fine them for violations.
It's hard for anyone out here in Cyberspace to know exactly what happened and if the termination was overkill or not. I would say that if the violation is not overly serious and the employee had been a stellar employee, then the employer would settle for a lesser level of disciplinary action, such as verbal or written warning. However, if there have been other work performance issues in the past and the violation was serious, then the employer would not be out of line to terminate the person's employment.
Mel
Wow, this is a lot of issues. Let's take them one at a time.
1) You cannot be fired or retaliated against in any way for reporting a safety violation, a work-related injury, or anything of the like. Contact www.osha.gov if there are safety issues that need to be addressed.
2) You are entitled to take Family Medical Leave for your own serious illness, up to 12 weeks of unpaid time per year. If you were disciplined or fired for taking leave to which you were entitled, that's strike two against these boneheads. Contact the Dept of Labor at www.dol.gov if you haven't already....they deal with most wrongful termination cases as well as FMLA violations.
3) If you are being discriminated against (as opposed to harassed), your contact is www.eeoc.gov. A lot of folks use the word "discrimination" when they really mean something else - discrimination means that you are being treated differently than others because of your age, race, religion, gender, or other protected characteristics.
4) If you were terminated because of an illness or injury (either work-related or personal), you may also have rights under the Americans with Disabilities Act (ADA). The interaction between the leave laws, government agencies, etc., is very complex and it may be to your benefit to consult with an employment attorney in your area. Many work on a contingent basis (they get paid a part of the award they win for you), and many offer low-cost consultations.
Good luck - this company is a real mess.....
Raptors point guard Jose Calderon will not play for Spain at the World Championships because of an injury. He will be replaced on the roster by Raul Lopez. Spanish point guard Jose Calderon will miss the world basketball championships after picking up a leg injury in an exhibition match against the United States. Medical scans Monday revealed the Toronto Raptors player tore a muscle in his left leg in Sunday's 86-85 defeat. Calderon left late in the game, with zero points and three assists. The Spanish federation says Calderon needs four weeks to recover. The 28-year-old was part of Spain's 2006 world champion team and won Olympic silver two years ago in Beijing. Calderon says ``there is not much to say. It's a pity I was injured at the last minute.'' The world championships run from Aug. 28 through to Sep. 12 in Turkey. www.nba.com
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