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Wrongful termination, Hurt at work by another employees dumb action Pennsylvania

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  • Wrongful termination, Hurt at work by another employees dumb action Pennsylvania

    Two weeks ago while I was working there was an incident with a shoplifter. A manager witnessed every thing and there is video of it. The security officer stopped a guy and was talking him into the security office. I was standing by the security officer at the door because he used me as a witness when someone was going to jail. The manager and guard never said you're too close back up. The produce guy who was done work in five minutes then threw the guy through the door and one of them slammed into me with such force that both he, the shoplifter and I went flying through the door and onto the floor. I got slammed into with such force that I blacked out. At the time I awoke I was scared and dazed and didn't know who hit me or what happened so I started to defend myself and followed all the orders of the security officer to get the guy across the room so the cuffs could go on. Well the produce guy and I got the guy across the room. I wound up being the one who got hurt, My leg got cut up, my back hurt and my foot was hurting. I didn't know I was hurt from having my bell rung and the adrenaline rush until I left the office and walked about 40 feet and felt pain and then saw my leg covered in blood. I thought my foot was stunned and bruised and followed my supervisors orders to go back and get my leg cleaned up. I walked back to deli, the girls saw it and they asked me what happened and cleaned the blood up and bandaged it. As I was going to find the manager I was called back to the security office being that I was 20 feet from the office and 150 feet away from the managers office I went to the security office. He told me to sit down and the manager would be right back. While sitting there trying to figure out what happened and how bad I was hurt the manager came back in a minute later. When he came in he saw my leg and I told him I think I need to go to the hospital. I told him what was wrong. Him and the officer kept telling me it was probably just bruised repeatedly and blew me off. At that time I felt an anxiety/panic attack coming on and got up and left and said I'll try to walk it off. I went and told the union rep what happened. Twenty minutes later I went back to him and told him again my foot was still hurting I need to go to the hospital. A workman's comp claim was filed. He asked me how I was getting to the hospital and since I don't drive and the hospital was one block away I walked to it. When I got there the hospital was closed. I don't own a cell phone so I had to walk back to work and call my sister to take me to another hospital. I later found out that I sprained it. I don't think I did anything wrong.

    1. If they try to fire me for anything do I have a good case for wrongful termination.
    2. Do I have or does the union have a good case to win my job back if they try to fire me for anything.
    3. 4. If they fire me they also have to fire the produce guy right.
    4. If they fire me and don't fire the produce guy do I have a case against them for wrongful termination?
    Last edited by afwsp; 10-08-2011, 12:39 PM. Reason: Computer posted it before I was done.

  • #2
    If you are fired this is not a wrongful termination under the law. However, it may be a violation of your union contact. We can't tell for sure, however; we have not read your CBA.

    If you are fired, immediately contact your union.

    Now, a question. What makes you think you are going to be fired?
    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.

    Comment


    • #3
      Wrongful termination

      CBG please reread my original post my computer posted it before I was done. I don't know if they are but they like to get rid of people. I'm still out of work but if they try to say I was fighting or not doing my job and I honestly think they thought I was faking it when I told them my leg was numb and my foot hurt even though they just saw me get slammed into a steel door and the floor. They need an employee to sign the paperwork as a witness for everything that happens in the security office when someone goes to jail and this guard always used me for a witness when I was working. I was thrown into the actions I took because of the produce guy. I thought I was defending myself. If it wasn't for the produce guy doing what he did I would of never been put into that position and just continued being a witness. I have four more questions please reread my original post before answering them.


      1. If they try to fire me for anything do I have a good case for wrongful termination.
      2. Do I have or does the union have a good case to win my job back if they try to fire me for anything.
      3. If they fire me they also have to fire the produce guy right.
      4. If they fire me and don't fire the produce guy do I have a case against them for wrongful termination?
      Last edited by afwsp; 10-08-2011, 01:10 PM. Reason: clarity

      Comment


      • #4
        This still would not be a wrongful termination under the law . If you are fired, do as
        cbg noted & notify your union rep. We don't know what is in your CBA.

        http://employeeissues.com/wrongful_termination.htm

        http://en.wikipedia.org/wiki/At-will
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          A wrongful termination does not mean that you were fired unfairly, or that you were fired for something you didn't do. A wrongful termination means that there is a specific law that prohibits your employer from firing you for the reason he did.

          What law do you believe would prohibit your employer from firing you in this instance?
          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.

          Comment


          • #6
            Agreed with the other answers. Past that, as mentioned there is a Common Law legal principal called Employment At Will. That principal says that either party can terminate the employment relationship without recourse by the other party. Now this is a very real legal princial but not as strong as it used. Specific laws such as Title VII have been passed which give very specific limited protection against terminations for things such as race or gender. There are a small number of other federal laws, plus different states have somewhat different rules. The key is that the vast majority of terminations tend to be legal. Nothing you have said jumps of the page as a specific law being violated. Since there is a union involved, certainly talk to them.

            HOWEVER I am not a termination law expert. There are a bunch of people here who know the basic "third rails" in termination law (none of which you have mentioned), but there is no one here who spends full time doing nothing else but termination law. There is a chance (not a good chance, but a chance) if you find a lawyer who specializes in termination law in your state, who spends an hour or two asking you a bunch of questions, that the lawyer may come up with a possible cause of action. Alternatively, there are any number of no-name lawyers who can send a scary form letter to your former employer and if your former is not very bright, the letter might accomplish something. Or not. Employers I have worked for considered such letters to be a bad joke.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Your post is very hard to understand. It sounds like you were witnessing an incident with a shoplifter and failed to get out of the way of the shoplifter and another employee. You got knocked down, suffered some injuries and came up swinging? You now fear you may be fired for "fighting" with this coworker who landed on you or pushed into you, even though you claim to have just been reacting to the fall and not trying to fight?

              Aside from the lapses in logic in your post (if you were standing there you would have seen you were in the way and could have stepped out of it, those who awaken from a black out do so slowly and do not pop awake and start fighting and hospitals do not close) I have no idea what you are basing your fear of termination upon. Why borrow trouble? Until someone tells you that you are fired and the reason for it, you aren't fired. You filed the claim and apparently sought medical attention which is what needed to happen.

              If you are terminated, the reason is what is going to dictate whether or not it is legal. You haven't been fired so you don't have a reason. No one can tell you the legality of an action that has not happened yet. For example, firing you for taking a swing at your coworker would be legal no matter how you justify it. Firing you because you filed a WC claim, and only because youfiled a WC claim, would not be.

              Whether or not anyone else is fired as a result of this incident has no bearing at all on whether your hypothetical termination is legal. It does not suddenly become either legal or illegal because of how they handled some other party.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment

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