Fired for my work related injury

Today the workers comp lady calls to tell me I'm fired. How nice. My boss couldn't even call to tell me. I guess I'll get even by filing for unemployment....but damn I wish he'd have had the decency to call. Sure maybe he needed to let me go anyway, or maybe he needed to get somebody to fill in.

I called months ago and never got a phone call...post surgery no phone call. I just wish I'd have been fired with some sense of communication. I can't prove that he fired me directly for the injury so I'm not legally able to sue.

Be Careful with your damn knives

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Dude. That really sucks. Get some unemployment while you finish healing up, it's there to help with things like that.

What a shame!!! The reality of the foodservice business rears its ugly head once again. Stay positive and start firing out those resumes.

The lack of communications part sucks.
The other side of the coin is that they probably just needed someone to perform the tasks that you did.
Unemployment might not pay you if you are physically unable to work yet. So I would make sure you do what is needed to keep the workers compensation coming in.
and.....if you don't burn your bridges you might be able to return to the old job when you heal.

My comments about the unemployment and workers comp benefits are based on what I went through years back in Washington state. I am sure things vary from state to state. My situation the employer would not let me return to work until I had a Dr's release. The Dr. was saying that I was permanently disabled. So I just found a job somewhere else and didn't say anything about the previous injury.
Now when I look back, if I would have signed the papers for permanent disability there would have been months when I would have earned more. But I am/was stubborn and determined to earn my money instead of someone saying that I can't take care of myself so the state should.

Federal law (Family and medical leave act) requires an employer keep you on for 10 weeks from the day you go out on leave. It is required that you communicate with your employer the whole way through though. "Out for two weeks, gonna need surgery" "Got the surgery, it's gonna be two weeks more." "Physical therapy is gonna be 3 weeks more" Or whatever the case may be. I do everything in email and cc everyone so a paper trail is left properly.

Burl Source said:

My comments about the unemployment and workers comp benefits are based on what I went through years back in Washington state. I am sure things vary from state to state. My situation the employer would not let me return to work until I had a Dr's release. The Dr. was saying that I was permanently disabled. So I just found a job somewhere else and didn't say anything about the previous injury.
Now when I look back, if I would have signed the papers for permanent disability there would have been months when I would have earned more. But I am/was stubborn and determined to earn my money instead of someone saying that I can't take care of myself so the state should.

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Shows what you're made Mark. Respect.

I am released to work. It wasn't until today that I was informed that I was replaced. So in theory because of my injury I needed to be replaced. I did not quit and was not fired, so I should be able to collect.

Mrmnms said:

Shows what you're made Mark. Respect.

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This. Yes. Respect.

CutFingers said:

I am released to work. It wasn't until today that I was informed that I was replaced. So in theory because of my injury I needed to be replaced. I did not quit and was not fired, so I should be able to collect.

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Talk to a lawyer. A consultation should be free.

EdipisReks said:

Talk to a lawyer.

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+1

Sounds like at really complicated turn of events.

I suppose I'll be the Devil's Advocate here...

But I think going the legal route (as far as trying to sue) is the completely wrong way to handle this.

I'm sorry for your injury and employment woe's, but you don't have full function of your hand. That's pretty important in a kitchen. The injury was not caused by your employer. It was your own fault. If you were a chef or a fellow cook, and the shoe was on the opposite foot, would you keep someone on who was unable to properly perform their job? And from your previous posts, you don't have insurance (like most of us), so you were costing your boss as well through worker's comp.

Sorry for being blunt. And I don't like how your chef didn't contact you directly. But business goes on and if you're going to be working in a kitchen, having full function of both your hands is a basic requirement.

Trying to sue is both selfish and petty IMHO.

Well, he may contact a layer to see whether his case was handled properly. It does not mean that a lawsuit will be the result of such a consultation. Remember - we do not know much of the details which usually matter.

I am not suing, he was within his rights as an employer. I can't prove that he fired me out of hostility for the injury. If I could prove vindication I would sue. I'm not suing. His insurance and workers comp have treated me fine.

His food sucks and I'm glad to be looking elsewhere. I agree the injury was caused by an accident that I had. I just wanted to vent. If any proof of such hostility arises I will contact a lawyer.

I'm most concerned that I wont be able to collect unemployment. I want to work, but in the meantime any help is better than nothing.

CutFingers said:

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His food sucks and I'm glad to be looking elsewhere.

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IME sometimes things happen that set you free to do more of what you really want, and less of what makes you feel dissatisfied and despondent. This could be a good break for you in the long run, and I really hope it works out!

Cheers,

J

everything happens for a reason my friend, maybe it was meant to be, who knows? the food industry is a crazy place, good luck on future endeavors