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  1. #1
    Join Date
    Feb 2017
    Posts
    1

    Default What to Do if You're Falsely Accused of Injuring a Co-Worker

    One night while throwing freight, a co-worker was doing what he always does. However, while he was complaining about how much his back hurt, I told him to quit faking it.

    On the following Monday, he called in sick/injured saying I had pushed him the past Friday. I was written up, given "Final Warning," and ultimately fired a couple of weeks later. He got worker"s comp for this false accusation making this a fraudulent claim, right? I was told there was video of the incident, but there couldn't be because I didn't do it. Is there anything I can do or a direction I could go to get retribution?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Was Falsely Accused of Injuring Co-Worker: Fraud

    Workers compensation claims are not accepted without some valid evidence that the injury was work related. If he worked in a physical job, how do you know he didn't have a valid claim unrelated to his claim that you pushed him?

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What to Do if You're Falsely Accused of Injuring a Co-Worker

    Quote Quoting Imjuskruzin
    View Post
    fired a couple of weeks later.

    Is there anything I can do or a direction I could go to get retribution?
    File for unemployment.

  4. #4
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: What to Do if You're Falsely Accused of Injuring a Co-Worker

    If you and he work as freight handlers it's entirely possible he hurt his back. It's likely that you have no education, training and are incompetent to know if he hurt his back.

    I presume, given you description that you're not a member of any unions and, as such, are not subject to a collective bargaining agreement therefore you can be fired for denying the possibility of a coworkers injury, wearing green pants, having curly hair, preferring spumoni ice cream or drinking lite beer, to say nothing of drinking Johnny Walker. Are you getting the picture? Given that you were given a "final warning" I suspect that you had a history at your previous place of employment.

    No, you cannot seek "retribution". where do you think you were, a Teamster shop in the early '80's?

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: What to Do if You're Falsely Accused of Injuring a Co-Worker

    Yes, regardless of the reason you were terminated, and whether the accusation is true or untrue, you don't mention which state you are in, but it is very unlikely that you have any kind of retribution that you could get except that you have the right to file for unemployment insurance. If you are monetarily eligibile, and you are determined to have been terminated from your job without a valid misconduct reason, you would be able to draw unemployment for a few months while looking for another job. However, the employer will be asked what happened, and you will be asked what happened, and if they do happen to have video of your doing what they claim you have done, you probably will not be approved for unemployment, and that is just about your only recourse in an "at will" like they almost all are.

  6. #6
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: What to Do if You're Falsely Accused of Injuring a Co-Worker

    mmm...spumoni

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