Audreyinmn.

[HurtinMn.]

I worked for the USPS in MN. I hadnot completed my 90 day training yet, but
I was on the job delivering my route when I had a blow out on my right front
tire,lost control & went into a6 ft ditch & rolled my privatly owned vehicle 3
times.I was taken to the emergency room @ the hospital by ambulance,treated ,x-rayed & released with bumps & bruises, a verry stiff neck.Now I've been fired,my ckeck (I'm suppose to be paid every 2 weeks)
is beeing held for another week.I've worked for the USPS since 8-6-05 &
have not recieved 1 penny.I've put out over $1600.00 to work & havent been
paid & now I'm fired because I did'nt make my 90 day probation.What are my
rights & who can I contact for help?

[Pattymd]

With such a short period of employment with this employer, you do not have any job protection under FMLA.

Your "rights" are to file a worker's comp claim (you did do that, didn't you?), and to get worker's comp benefits and your medical bills paid since, from your post, you were performing work as an employee when the accident occurred.

Other than that, the employer is not required to pay you while you are on worker's comp. In addition, since FMLA does not apply, there is no law that requires them to hold your position open and they are free to let you go.

What does HR say when you call them?

[HurtinMn.]

I am going to sign uo tomorrow as soon as my husband has his surgery. I'm
just so new to this I dont know where to start.

[HurtinMn.]

I'm going to file tomorrow am after my husband has his surgery. I'm just so new at this kind of thing I dont know what to do or where to turn or who to trust. If you could send me some info to started on this , I would greatly
appriciate it

[Pattymd]

Your first step is to go to the employer IMMEDIATELY (or call) and tell them you were hurt on your route and you need to file an accident report. You should have done this as soon as you were physically able, either in person or by phone, after the incident. They can advise you from there. And perhaps someone else more knowledgeable in WC than I will wander by here soon to provide more info for you.

Good luck.

[HurtinMn.]

Thank You for your help. My superviser is aware that I will be putting in a claim tomorrow, she dosent seem very happy. I was wondering why she came to the hospital, silly me, I thougt she really cared about my well-being.
She was aware of the accident imeidiatly after it happened. She called 911
& came to the accident & hospital & told me not to worry about my job.
The next am she brought the accident report to my home, I filled it out & returned it that afternoon , today she called & told me I was terminated (big
surprise) & would it be ok if I could wait ANOTHER WEEK for my check. I told
her I have not been paid since I started in Aug. Always some excuse why I
cant be paid on time. None of that really matters anymore. Besides being
injured in the accident,not getting paid for the work I have already done, now this. What else can I expect to go wrong?

[Pattymd]

If you have not been paid for the work you did, and the time for payment has already passed, which it certainly must have for the majority of August, contact the Minnesota Dept. of Labor and file and claim for unpaid wages.

However, legally, this is all the employer is required to pay you directly. Also, since you have not worked for the employer long enough to qualify for job protection under the FMLA, the employer is free to terminate your employment. They cannot fire you for FILING a work comp claim, but that doesn't mean that they cannot legally terminate you because you are not able to work at this time. Your employment status would not, however, affect your WC claim.

Good luck in your recovery.