Wrongfully terminated, discrimination
I worked for a company for several years and was injured on the job.They wouldn't put meon light duty or change y dept. I complained to several people and state companys. I was treated really badly for the next couple months,being written up for things i didnt do and then terminated under false pretences.What do I do?Please help
1 answer | asked Mar 6, 2009 7:23 PM [EST] | applies to New York
Answers (1)
It all changes after you're injured
Your query raises a basic fact pattern that I've seen over and over again. A long time employee gets injured on the job. Suddenly, that employee cannot do anything right, and, in short order, gets fired.
This fact pattern might -- and I repeat "might -- raise to claims. One claim is under the anti-discrimination provision of the Workers' Compensation Law. However, your rights under this provision are very narrow, and cases under this provision are hard to prove. Under this provision, you are not entitled to protection because of your injury. You are entitled to protection for discrimination because you filed a claim under the Workers' Compensation Law.
The other possible claim is under the laws protecting you from discrimination because of a disablity you may have. The federal law, the Americans with Disabilities Act, has recently been changed to make the definition of disability broader. However, the state law definition continues to be different than the federal law. Whether you are considered to be covered by these laws depends on the nature of your disability.
Under either claim, you should contact an attorney to have the particular facts of your case thoroughly reviewed.
posted by David M. Lira | Mar 9, 2009 11:38 AM [EST]
Your query raises a basic fact pattern that I've seen over and over again. A long time employee gets injured on the job. Suddenly, that employee cannot do anything right, and, in short order, gets fired.
This fact pattern might -- and I repeat "might -- raise to claims. One claim is under the anti-discrimination provision of the Workers' Compensation Law. However, your rights under this provision are very narrow, and cases under this provision are hard to prove. Under this provision, you are not entitled to protection because of your injury. You are entitled to protection for discrimination because you filed a claim under the Workers' Compensation Law.
The other possible claim is under the laws protecting you from discrimination because of a disablity you may have. The federal law, the Americans with Disabilities Act, has recently been changed to make the definition of disability broader. However, the state law definition continues to be different than the federal law. Whether you are considered to be covered by these laws depends on the nature of your disability.
Under either claim, you should contact an attorney to have the particular facts of your case thoroughly reviewed.
posted by David M. Lira | Mar 9, 2009 11:38 AM [EST]
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