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Terminated During Disability

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  • 03-09-2009, 12:56 PM
    robroqs
    Terminated During Disability
    To whom it may concern,

    My name is Robert and I have worked for the Department of Water and Power for six years. On July 21st, 2008 I injured myself and went out on disability. I was able to return to work on January 21st, 2009, but when I went to sign the books (because I belong to IBEW Local 18), they told me that I had been terminated and that I would not be able to sign the books for work until July 21st, 2009.

    I asked for a meeting and it was held on February 11th, 2009 with the business manager of Local 18, the superintendant of Department of Water and Power, and my foreman all together because I was very concerned and wanted to know why I had been terminated. At first they tried to tell me I didn't give them any notification of being out of work so I showed them proof of my doctor’s notes and of all the paper work that I had sent them while I was disabled. They had to agree with me that the paperwork was legitimate. So they thought of another reason to look like they were right and told me that my foreman had some things written up on me. Not only was the information untrue, it was petty in nature. Because of this reason they told me I was terminated on October 1st, 2008 and that they would get back to me on the decision of whether or not they were going to let me return to work immediately. They called me back 2 weeks later and told me that things still stood the way they were and that I would have to wait until July 21st, 2009 to sign the books.

    I knew by his interaction with me that my foreman never liked me personally or the fact that I went out on disability. It is my belief he intentionally wrote some paperwork on me so he could cover himself in front of the superintendent and the business manager of Local 18. My questions are:

    1. Can I be terminated while I am out on disability?
    2. Can my foreman legally write paperwork on me that is not true?
    3. If my foreman does write me up and put something in my personnel file doesn’t he have to advise me of this either verbally or in writing?

    I thank you in advance for your assistance,
    Robert:
  • 03-11-2009, 07:18 AM
    Mr. Knowitall
    Re: Terminated During Disability
    This is a policy of your union hall? How did they come up with the "we won't let you back in until Oct. 1" date?

    Yes, you can be terminated while on disability, once your protections under state and federal law expire - when applicable, usually 12 weeks total. Some states may extend that, but you disregarded the instruction to identify your state; but you were out six weeks so I don't see it happening. You could also check your union contract, assuming you were a union employee of the DWP and not just taking assignments through the union hall.

    If you believe your foreman wrote something about you that is untrue, you should be able to address that through your employer's policies, your union contract, or both. Talk to your union steward.
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