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  1. #1

    Default Wrongfully Terminated

    maryland

    i was injured in dec 2006 at a retail store
    i was in management at this store
    went on wormans comp
    released for sedentary duty in jan with restrictions and still under treatment.
    gave infor to case manager
    sent info to store
    called repeatedly to talk to store manager/ no return calls
    sent emails to corporate
    got a workamns comp lawyer reported all this to them
    went for mri
    need surgery on shoulder
    sent to another dr for neck
    in march i received letter concerning cobra and my terminatioin from insurance comp
    called lawyer
    contacted store to find out why i was fired
    all this time i still had keys to the store/ returned keys to corporate i april
    with letter/ no response
    no reponse from store
    wrote to corporate again
    filed unemployment
    company first said i quit due to medical reasons per unemployment office
    disputed that
    then they said it was job abandonment
    unemployment ruled in my favor (terminated without just cause)
    cant collect unemployment ( cant work looking at two surgeries)
    not collecting workmans comp - case manager reported i was released for work still under treatment
    have a lawyer but nothing is being done by him
    applied for ssi
    can i sue for wrongful termination

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

    Default Re: wrongfully terminated

    Receiving unemployment benefits does not make the termination illegal (wrongful). The vast majority of people collecting unemployment benefits were legally terminated.

    At the time you were injured, how long had you been working for that employer? Full time or part time?

  3. #3

    Default Re: wrongfully terminated

    i had been there 8 month in a full time management position

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: wrongfully terminated

    Because you had been with them for less than a year, you did not have any protected medical leave available to you. Unless your unnamed state has a law specific to workers comp, they were legally allowed to terminate your employment at whatever time they would have termed someone with a non-work-related medical condition. For most companies this is usually only a matter of a few weeks.

    While you cannot be fired BECAUSE you filed a workers comp claim, the fact that your injury was work related does not require them to hold your job indefinitely either.

    I'm not seeing a wrongful termination claim.

  5. #5

    Default Re: wrongfully terminated

    my company had a disability pay policy for management assoc which you became eligible for the first day of employment
    this lasts 180 days then workmans comp takes over.
    i was awarded workmans comp - but the cm for my company notified them i was able to work.
    i notified my company i was able to work but they never brought me back-
    they said they sent me a schedule but could not prove it.
    i could prove my actions - phone calls, letters, email
    they got caught in a lie -
    i am in maryland

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: wrongfully terminated

    That doesn't change anything. A wrongful termination does not mean that you got fired for something you didn't do; it means you were terminated for a reason prohibited by law.

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