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  1. #1
    Join Date
    Jul 2018
    Posts
    103

    Default Can an Employee Get a Discharge Letter After Being Fired

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

    What are my rights as far as the discharged letter that HR gave me didnít say what I was being discharged for? My personnel file has a different form that is different from what I was told.

    The reason Iím asking is because i found a workers comp attorney who will take my case if I can provide evidence that I was terminated because I filed a workers compensation claim.

  2. #2
    Join Date
    Aug 2013
    Posts
    281

    Default Re: Discharged Letter

    Generally speaking, an employer does not need an actually reason to terminate someone. This is called Employment At Will. HOWEVER if your lawyer can prove the termination occurred because of you filing a WC claim, then you have possible recourse for a wrongful termination. Keep talking to your attorney. There is nothing simple about wrongful terminations. There is nothing DIY about a wrongful termination claim.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: Discharged Letter

    Like many other forms of retaliatory dismissal, it’s difficult to prove. One must look at the overall picture to see if there was a valid basis to terminate you. If there was none or it is shaky, it starts to look like a retaliatory firing. Proving it can be difficult because employment at Will is the standard in almost every state, including yours. That means an employer doesn’t need a reason to terminate you. They can simply because they choose to unless it is for an unlawful reason.

    So, it isn’t typically a matter of proving you were terminated for an unlawful reason. It must be shown there was no other reason to terminate you so the only reason left standing is the unlawful reason.

    This is why a skilled attorney is needed in this type is situstion. They will know the signs to look for and what to chase. It is definitely not a diy matter. An attorney that asks you to provide proof is not who you want. You want an attorney that will ask you questions and based upon your answer can make a reasonable guess as to whether it appears it was an unlawful termination. If they don’t have the skills to do that, find a different attorney. You shouldn’t be trying to prove to the attorney it was an unlawful termination. They are the ones that must prove it to a court and being an attorney, that’s what you hire them for.

  4. #4
    Join Date
    Jul 2018
    Posts
    103

    Default Re: Discharged Letter

    Quote Quoting jk
    View Post
    Like many other forms of retaliatory dismissal, it’s difficult to prove. One must look at the overall picture to see if there was a valid basis to terminate you. If there was none or it is shaky, it starts to look like a retaliatory firing. Proving it can be difficult because employment at Will is the standard in almost every state, including yours. That means an employer doesn’t need a reason to terminate you. They can simply because they choose to unless it is for an unlawful reason.

    So, it isn’t typically a matter of proving you were terminated for an unlawful reason. It must be shown there was no other reason to terminate you so the only reason left standing is the unlawful reason.

    This is why a skilled attorney is needed in this type is situstion. They will know the signs to look for and what to chase. It is definitely not a diy matter. An attorney that asks you to provide proof is not who you want. You want an attorney that will ask you questions and based upon your answer can make a reasonable guess as to whether it appears it was an unlawful termination. If they don’t have the skills to do that, find a different attorney. You shouldn’t be trying to prove to the attorney it was an unlawful termination. They are the ones that must prove it to a court and being an attorney, that’s what you hire them for.
    You can say that again. My workers comp claim has been accepted but what the employer did is effecting temporary total disability benefit.

    Here is what I have as evidence so far. After my injury, I picked a doctor from the mpn list. I set an appointment to get an evaluation but the carrier never submitted my paperwork so the doctor wrote a note to excuse me for the day. The note didn’t have any restrictions and the employer saw that as me not having a serious injury.

    When I finally took the doctors note with restrictions, I was escorted off the property and they didn’t let me get my personal belongings.

    The carrier also saw that note and denied my claim. They said that I did not have medical evidence to support my claim. I’ve posted before here or somewhere else that I thought the carrier didn’t investigate and never looked at the doctors first report of injury.

    They finally saw the note more than a month later and I’m almost certain it was just damage control. The employer falsified seperation letters and changed the dates of incident to avoid liability. The carrier didn’t list terminated for caused in their denial letter because it was sent before they saw the second doctor note.

    I have all these doctors notes and all the employer documents. Is this sufficient for my attorney. The attorney said It’s hard to win these cases. Im not sure if I need an attorney if my claim is already accepted. The qme said I’m not mmi so he’s reserved his rating until I’m mmi.

    Would that be considered wrongful or retaliation? I emailed and left several messages about the note with restrictions before I went physically. There was a few days for them to review the note I sent them.

    Is it willful misconduct if they saw the notes with restrictions and purposely change the dates and time so that I’m not compensated or medical attention?

    I’m also having my third hearing for ttd benefits and the carrier is Denying because of they’re saying I was terminated for caused.

    Is there any legal recourse for this? My injury is chronic because of the lack of medical care.

  5. #5
    Join Date
    Jan 2016
    Posts
    368

    Default Re: Discharged Letter

    Fallguy, it would be much, much easier for the volunteers if you would stop making a new thread every time you have a new question, as your questions are all related:

    https://www.expertlaw.com/forums/sho...t=#post1106393

    https://www.expertlaw.com/forums/sho...t=#post1106040

    https://www.expertlaw.com/forums/sho...t=#post1105873

  6. #6
    Join Date
    Jul 2018
    Posts
    103

    Default Re: Discharged Letter

    Quote Quoting Shadowbunny
    View Post
    Fallguy, it would be much, much easier for the volunteers if you would stop making a new thread every time you have a new question, as your questions are all related:

    https://www.expertlaw.com/forums/sho...t=#post1106393

    https://www.expertlaw.com/forums/sho...t=#post1106040

    https://www.expertlaw.com/forums/sho...t=#post1105873
    Sorry. I will make sure not to open a new thread next time.

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