Can any employees insurance & job be terminated with the employer knowing one is under physican supervison?
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I agree that it is wrongful termination to fire you BECAUSE of the accident. But probably what you really have here is a disability which caused you to be unfit for the job, which means you should be getting disability insurance payments and all of that. You really do need to get all the paperwork on this together and talk to someone who understands these things. If you feel you can't afford to hire a lawyer, go to a plaintiffs' attorney who specializes in workers compensation cases. They take their cases on contingency, and are paid a percentage of your settlement. That is, you don't have to have the money now.
My question is this: since you were already told that the term is "wrongful termination," what question remains to you other than to go ahead and all an attorney? What more are you expecting from strangers over the Internet?
First of all: were you at fault in the accident? I ask because you state your supervisor mention that you were a "financial risk." If the accident was your fault, they *may* have the right to terminate you, depending upon what is contained in the company policies handbook which you should have received at the onset of employment *and* you should have signed that you had received one. If they do not have a policies handbook and you did not receive it, then it *could* be an entirely different matter. The long and short of it is that you were injured in a company vehicle while conducting, I presume, company business. That should put them in a position of legal liability, again depending upon the laws of your State.
If there IS a company policies handbook, you should have one. If there is, and you don't have it, is there anyone at work with whom you have a very good relationship who could get a copy of it for you without jeapordizing their own job?
Contact two attorneys; a BIG firm that deals in personal injury (easy to find) and one that deals in wrongful termination (more difficult to find depending upon what State you reside in.) I say 'more difficult' because, in Texas, we are an "at will" State of employment, which means either the employer can terminate you with no notice and no reason, or the employee can leave with no notice and no reason. Of course, this works to the advantage of the employer because, if asked specifically by a potential employer whether or not you gave notice, they can say "no," and that puts you in a bad light. Because of that, about the only time you have a 'wrongful termination' suit is if you were fired while under a written contract of employment that you did not violate.
Do you have the answer you supervisor gave you in some form of written response (even an email) or was it verbal? If it was verbal can you remember the conversation exactly? If you've not done so already, make a written journal of everything that transpired beginning with the accident, anything the ER and other physicans have told you, any conversations with anyone at your place of employment. Make this journal chronological with date and time.
Have all this information prior to contacting the attorneys.
I think the reason the only answer you have received is "wrongful termination," is because most people are unaware of what rights they do (and do NOT) have.
MOST IMPORTANTLY: NEVER, NEVER TAKE ANY LEGAL ADVICE FROM ANYONE OVER THE INTERNET, EVEN IF THEY CLAIM TO BE AN ATTORNEY. AT ATTORNEY SPENT YEARS OF TIME AND LOADS OF MONEY OBTAINING THEIR RIGHT TO PRACTICE LAW AND THEY ARE NOT GOING TO GIVE INFORMATION AWAY FOR FREE ON A SITE SUCH AS THIS.
In the state of Texas, employers do no have to accommodate employees that are injured outside of their jobs. I am not sure though if they can terminate you or not. The best advice for you is to get a free consultation from an attorney.
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