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| *Ostroff, Fair and Company>>>Law & Legal |
Can you be fired from a job for reporting an injury? |
I was fired from my job for reporting an injury. I was told I was committing a safety violation. I never asked them to formally record the injury. I just wanted them to be aware of it should it happen to get worse. I never sought medical attention for the injury nor did I miss any work due to the injury. The injury did not affect my work either. I also never posed any potential danger or threat to any potential employee who could have been anywhere near me. In fact, no one even witnessed the injury. No damage was done to any company property either as a result of the injury. Was I wrongfully terminated? Wow, this is a lot of issues. Let's take them one at a time. 1) You cannot be fired or retaliated against in any way for reporting a safety violation, a work-related injury, or anything of the like. Contact www.osha.gov if there are safety issues that need to be addressed. 2) You are entitled to take Family Medical Leave for your own serious illness, up to 12 weeks of unpaid time per year. If you were disciplined or fired for taking leave to which you were entitled, that's strike two against these boneheads. Contact the Dept of Labor at www.dol.gov if you haven't already....they deal with most wrongful termination cases as well as FMLA violations. 3) If you are being discriminated against (as opposed to harassed), your contact is www.eeoc.gov. A lot of folks use the word "discrimination" when they really mean something else - discrimination means that you are being treated differently than others because of your age, race, religion, gender, or other protected characteristics. 4) If you were terminated because of an illness or injury (either work-related or personal), you may also have rights under the Americans with Disabilities Act (ADA). The interaction between the leave laws, government agencies, etc., is very complex and it may be to your benefit to consult with an employment attorney in your area. Many work on a contingent basis (they get paid a part of the award they win for you), and many offer low-cost consultations. Good luck - this company is a real mess..... get a lawyer and contact the labor board Something is amiss there. You should not be in this situation. Labour and Board of your state/province can help you. OMG I feel so sorry for you. The way they treated you is really outrageous. It only mans one thing: they want to get rid of you, so hang in there and pursue your complaint with the HRC. Companies like this should be given a lesson. Peace and blessings! Well, it doesn't sound like you were fired for reporting an injury, because you stated that the company reported the injury (when you didn't want them to do so). You stated that you never posed any threat to any potential employee (who may have been near you when you were injured), and "...just wanted the company to be aware of the injury - in case your injury got worse (which could be interpreted as a threat to the company)." If you tell everyone that you never sought medical attention for the injury, then you can't blame the company for anything relative to the injury (because you declined medical attention). All that being said, you may contact the National Labor Relations Board in Washington, DC, and tell them precisely what happened. Good luck to you. Do you have a Union Rep. ? Is it a company who hires and fires 'at will' ? Discrimination, American Disabilities Act, and Accommodations for the handicapped are all laws that have to be abide and Civil Liberties get narrow minded about non-compliance. Sounds like the company figures you are more of a liability then an asset . Sounds like you have a suit...good luck. well im wondering what it was u was doing to hurt yourself? also was it an at will employment (meaning they can terminate u at anytime for anything they deam a good reason) of course all that would also depend on how long u was at work (before taking off for treatment) |
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