Retaliatory Termination After On-the-Job Injury

[JetsRock1991]

My question involves labor and employment law for the state of: Florida

Hello, I was recently fired from Sam's Club. I feel this was in retaliation to an injury I suffered at work. I hurt my back lifting water and was sent to a DR. of the companies choice.. I was diagnosed with a lower back strain and was sent for a mandatory drug test. I returned to work under light duty for 1 day and 3 days later was cleared to return to full duty. After 3 days back at work I was told I shouldn't be working because they had not received my drug test results. I was sent home and was told I would be receiving a call when the results came back. Once the results came back I was called and asked to come in at 3:30pm to discuss the test. Once I arrived I was terminated for "improper lifting" I was told I did not lift with my legs and therefore was being let go. I asked why they waited so long, or why they let me work even though it was against their policy to let anybody work without having received the drug test results after an accident. They did not give me a straightfoward answer. Also I was verbally repremanded about the lifting 2 days after the occurrence by the general manager and was now being fired a week later for the same issue. Every single associate in that store lifts the same way. Nobody lifts every item with their legs. I am positive that I was fired in retaliation for fillinf out an accident report. I am seeking compensation for wrongful termination as well as compensation for mental anguish. I have a lot of bills to pay and am falling behind with no way of paying them. This could put me in debt and destroy my credit. I talked to an attorney and she said they would take on the case on a contingent base. Is this good news? I made roughly $17,000 a year. How much do you think i can sue for, and do you believe I have a good case or a good chance of getting a settlement. Any information would be greatly appreciated.

[PandorasBox]

Go for it. Contingency means this lawyer thinks you have a case, and will take 30-40% percent of a settlement. Make sure to read the contract, get copies of it. Then be quiet about the entire case, do not even post back to here. Do not go into a Sams or WalMart.

[jk]

Go for it. Contingency means this lawyer thinks you have a case, and will take 30-40% percent of a settlement. Make sure to read the contract, get copies of it. Then be quiet about the entire case, do not even post back to here. Do not go into a Sams or WalMart.

what did I tell you?

[chyvan]

Also, talk to your attorney about unemployment benefits. While FL doesn't give those findings collateral estoppel, it's a very cost effective way to do discovery and find out things from unrehearsed testimony that you may not have had the opportunity to know. Your attorney is going to want to be involved in that process and coach you, and it gives you income while you're looking for a new job and the proceedings drag on.

[JetsRock1991]

Also, talk to your attorney about unemployment benefits. While FL doesn't give those findings collateral estoppel, it's a very cost effective way to do discovery and find out things from unrehearsed testimony that you may not have had the opportunity to know. Your attorney is going to want to be involved in that process and coach you, and it gives you income while you're looking for a new job and the proceedings drag on.

Ok thank you for the information. Every bit helps. Also, my attorney told me to look for a year and a half conpensation. For me this would be about $25,000. Does this sound about right? I was thinking about including mental anguish because this termination has forced me to fall behind on bill payments which can put me into debt and ruin my credit for the next 7 years. I also have insurance due and if I dont come up with that I will not be able to attend school in August. What do you folks think?

[Beth3]

If you were terminated in retaliation for having a WC injury, then your sole recourse compensatorily and otherwise will be spelled out in your State's WC statutes. While every State's WC statutes are a bit different, I don't believe any State's statutes provides for additional compensation for "pain and suffering."

If the State WC Division rules that you were wrongfully terminated, then the formula for the compensation you are due is spelled out in your State's WC statutes. In my State, that's a year's wages. Your attorney needs to explain all this to you.

P.S. Under WC statues, you can't sue your employer. You file a complaint/claim with the WC division.

[St.Bernard1991]

My attorney sent a demand letter to Sams Club spelling out what Sams did wrong. I think it was Florida Statute 440.205. It has been 20 days and there has yet to be a response. They were given 30. What do you folks think this means. Do you think the longer they wait, the worse my chances our? Is there a chance they won't reply at all? Any help would be appreciated.