Ive got a rotten boss

rollingp

Member
Oct 31, 2001
393
0
I got injured on the job in Sept. 01.
Ruptured a lumbar disc and had to have surgery.
I asked my boss if I would have a job to come back to after I recovered and he said I would.
After being off for 12 weeks I returned to work without any restrictions on the 21st of Jan,02.
I was only in the door 2 minutes when the boss said I had been replaced and for me to hit the gate.
Never written up for anything and always praised for my work in the past.
Gone, out the door. What b******d.
Employers just use you up and take everything they can get from you and discard you when they have no more use for you.
I am hoping to file a wrongfull discarge suit based on retaliation for filing a workmans comp claim.Waiting for the lawyer to reveiw the info.
 

bwalker

LIFETIME SPONSOR
Jan 10, 2000
839
0
Doesnt sound too legal to me. Besides if your boss is that much of an ahole you dont want to work for him anyway.
 

bwalker

LIFETIME SPONSOR
Jan 10, 2000
839
0
Come on Marlin. He doesnt need to pay a union to give him poor representation. The law of the land should be all he needs. If what he says is true his employer just opened a huge can of worms.
 

70 marlin

Mi. Trail Riders
LIFETIME SPONSOR
Aug 15, 2000
2,963
2
ya. you'd think that's all he'd need?

I can relate a little to much with the guy! about 14 yrs. ago hurt my back on the job, I also had a total flammer for a boss who said "take your time get well that's all we care about!" six week later I've got big brother U/M work connection lawer's calling me telling me I'm a slacker! and my back is'nt even hurt threating to send me down the road ! even though I have a doctor's note saying different? to make a long storie short good old union come in and saves the day! 14 yrs latter I'm the tops and a valued employee. dam right I support my union with all their faults :p
 

02yz125

Member
Sep 25, 2001
162
0
There is something called the FMLA (Family Medical Leave Act) that grants you up to 12 weeks of time off from your job, and the employer has to hold the job for you. Trust me, get a Lawyer ASAP. This is unpaid leave, the employer doesn't have to pay you for it. It does sound like a workers comp deal, but it sounds like a lawyer isue to me. The FMLA is a FEDERAL LAW, that I believe was signed by the Clinton Administration in his day. Get a lawyer, all your facts, and stick it to him and his company. Then go buy yourself a new dirtbike with his money and enjoy all the other money you have and the fact that you dont have to work for a while. Hope this helps
 

Okiewan

Admin
Dec 31, 1969
29,555
2,237
Texas
rollingp
RUN to a lawyer. If it happened just as you say, you will win. Large.
 

DirtFamily

Member
Jan 2, 2002
194
0
Workers Comp case

I'm not a lawyer, but John's in the middle of a Worker's Comp. case right now.......His company fired him when he was still in physical therapy for 2 degenerated disks (opted not to have surgery - happened from 18 years as a machinist). His lawyer(a WC specialist in Denver) said that they have the right to fire you for whatever reason, but they were trying to say that John was on "requested personal leave of absence"!! What BS!!!.....and they had nothing but good things to say about him before that....They even told good things to the insurance guy who came to take John's statement about what happened how good he was..... They've been trying to BS him since May now and he's got an 18% disability according to the WC doctor. So, he's going to get money in penalties because *by firing him* they took away his insurance and to pay it out of pocket for him and his kids would have been almost $700/month....also penalties because the insurance company hasn't paid when they were supposed to - those penalties are $500/day until they pay because the 18% disability is not in question - they didn't challenge it. Plus money for the disability. Plus he would get money for "closing" the case, meaning he wouldn't be able to have them pay for any future surgery, but he may decide to keep it open.

We'll find out soon.......it's been a very long 8 months so far.
Katie
 

DirtFamily

Member
Jan 2, 2002
194
0
PS

If the offer John just approved goes thru, John's getting the whole family dirt bikes, plus continue his schooling for another 3.5 years (he started back in Sept since he can't be a machinist any more and needs to do something else) and still have a 1.5-2 year cushion after that.

Plus we'll become LifeTime Members ;)

Katie
 

rollingp

Member
Oct 31, 2001
393
0
Well guys I sure am grateful for the support.
I have contacted the EEOC and a good labor lawyer.
It may be tough but I am going to really go for it.
I have been completely honest in this matter.
I wish our shop was union but its not and I am told the only thing I have going for me is that it looks like my employer let me go in retaliation to my filing of the claim.
That is a violation. Otherwise he can lay me off or fire me at will.
I think it is a real shame that workers in this country are not better protected. My doctor said he was shocked at the recovery I made.
He said it had to be because I was in very good condition from the start.
I was released without any limitations or restrictions.
Now I am out of a good paying job.
 

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