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Help in WV!! West Virginia

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  • Help in WV!! West Virginia

    I was in a serious car accident on Jan 8, 2009 on my way to work. I ended up being in Intensive care for about 8 days. I had bleeding on he brain, broken ribs, my left leg paralyzed from the knee down and internal bleeding etc. I spoke to my employer over the phone with several witnesses in my hospital room. I apologized for not getting to work, he replyed with dont worry just concentrate on getting better. As far asmy job, he said we are family and we would get through this together. A week after I got out of ICU my employer and his secretary came to my parents home where I was staying and fired me. I was still not released by the doctor. I dont have a reason other than they needed me back at work and needed to hire someone else in my place. They didnt hire any one new until the first week of April 2009. Do I have a case?

  • #2
    We don't know yet. It depends on whether or not you qualified for any protected medical leave.

    Please answer the following questions:

    1.) How long had you worked for this employer?
    2.) How many employees does the employer have within 75 miles of your location?
    3.) In the 12 months immediately preceding your accident, had you worked a minimum of 1,250 hours?
    4.) Would you have been able to return to work by April 3, 2009? (There's a reason I am using that specific date so be careful about your answer.)

    (BTW, it takes time to hire someone - you have to run an ad, get your responses, review them, pick out the qualified ones, set up interviews, interview, second interview, pick your qualified candidates, run your background or references checks, make an offer, wait for that person to accept, and allow them time to give notice, if required, before you can start them. And if your first choice turns you down, you have to run the last few steps again. It doesn't happen overnight.)
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      I had only worked since Nov. 11, 2008. I was told I would be part-time for 90days and then go to full-time. I was also told ont he phone the morning of the accident that we were working and had to come in that day. I asked due to the weather. I had planned to call in due to the weather and school closings, but didnt. I'm not sure of the number of employees, but doubt it had 75 employees considering they are ranoff grants and had just got 1.2 million dollars in grant money etc. I would have been able to return to work by April 3, 2009. The neurologist predicted I wouldnt walk for months and I was walking after 2 weeks of being injured not perfect but walking and my motivation was to get back to work. I havent been released by the doctor but if the doctor would have said yes and I was physically able I would have tried before then. My father was also on the board of directors for this company and had no knowledge about my termination nor did any other board members. I never signed any paperwork. I found out I was fired by joking. I asked them jokingly 'Are you all here to fire me?" and they looked at each other and said it was the hardest decision they ever made. Who comes to your home to do that? I had a doctors excuse to why I wasnt at work and they also told me the day after the accident over the phone with a room full of witnesses not to worry about my job we were family and would get through this together and to concentrate on getting better.


      • #4
        I'm sorry but what it comes down to is that your employer did nothing illegal. You had not worked for your employer long enough to qualify for any job protected leave & it would have been for a maximum of 12 weeks. (until 4-3-09) You needed at least 12 mos. of service with your employer.
        Last edited by Betty3; 04-17-2009, 09:22 PM.
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