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Katiebell
09-02-2011, 03:03 PM
I had an incredible career going and was then fired for taking EXCUSED time off to recover from a concussion. The company's reason was that I had "poor attendance" and was "unreliable." I'm still flabbergasted!!!!! Oh and BTW, what they did was completely LEGAL in Indiana!!




lefthanded
09-03-2011, 04:44 PM
•Was your injury in any way work related?
•Are/were you eligible for FMLA coverage?
•What was the total time you missed work for your concussion and any other health issues this year?

If your injury was not work-related, how was your leave approved?

If you were eligible for FMLA and your employer did not advise you of this, you may want to look into it.

Had you requested ADA accommodations?

Jo*mar
09-03-2011, 05:37 PM
Even with a work comp claim & drs notes for off work or modified (if employer chooses to make work that fits the restrictions), if you're "out of work" time goes on too long the company can terminate your employment.
Mine was approx a year but did a trial test-back to work full duties for 3 months - but RSI pain & sx returned quickly.

I got the letter releasing me from employment 3 months later.

But you were actually fired and not just let go?
with a bad mark on your work record?

do you have copies of any of your reviews?? - I kept all mine just for the heck of it - they were all very good, gave them to my comp atty to make copies in case the other side tried to say I was a not a good employee.

Katiebell
09-05-2011, 10:15 AM
I was still in the 90-day probationary period...My concussion happened at home...I was not offered FMLA...I took time off on and off for three weeks and always had a doctor's note...I was FIRED after being back full time for two weeks!!!

lefthanded
09-05-2011, 01:04 PM
I was still in the 90-day probationary period...My concussion happened at home...I was not offered FMLA...I took time off on and off for three weeks and always had a doctor's note...I was FIRED after being back full time for two weeks!!!

Then you were not fired for getting injured, you were terminated during your probationary period, like many other workers have been throughout history. You have no protection during those 90 days . . . that is why it is called probationary. Some, but not all, employers will extend the probationary period when unexpected illness or injury occurs. But I have also known employees who were let go on day 89. Seems a rather slick way to never have to secure your employees' jobs and benefits . . . just work them for 89 days and out the door. Try working in an "at will" state, where your employer can show you the door at any time . . .

I am sorry you lost your job because of an injury. Unless your employer expressed or implied any protections outside of your probation agreement, the best thing you can do is brush yourself off and look for another job. Try not to waste too much time and energy being angry about this loss, as it probably won't change anything. I have watched friends spend years fighting an employer who didn't want them. It hurts. It sucks. But it is something that happens all the time.

I hope things work out for you.

Katiebell
09-05-2011, 01:38 PM
Then you were not fired for getting injured, you were terminated during your probationary period, like many other workers have been throughout history. You have no protection during those 90 days . . . that is why it is called probationary. Some, but not all, employers will extend the probationary period when unexpected illness or injury occurs. But I have also known employees who were let go on day 89. Seems a rather slick way to never have to secure your employees' jobs and benefits . . . just work them for 89 days and out the door. Try working in an "at will" state, where your employer can show you the door at any time . . .

I am sorry you lost your job because of an injury. Unless your employer expressed or implied any protections outside of your probation agreement, the best thing you can do is brush yourself off and look for another job. Try not to waste too much time and energy being angry about this loss, as it probably won't change anything. I have watched friends spend years fighting an employer who didn't want them. It hurts. It sucks. But it is something that happens all the time.

I hope things work out for you.
Initially, I was extremely upset about this, but I soon came to the realization that, while it hurts now, God has something even better planned for me...:winky:

lisagator
09-05-2011, 06:00 PM
You are on the right track if you see now that maybe this wasn't the job for you. I'm sure there is something much better in store for you down the road.

FL is an "at will" state also when it comes to employment. You can be discharged for anything, except for any type of discrimination.

I was let go by my employer of 5+ years because they said I was unhappy and they wanted me to be happy so they fired me! I was upset in the beginning too, but it turned out to be the best thing that could have happened to me.