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(Fla) Terminated while on leave due to Work Related injury

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  • (Fla) Terminated while on leave due to Work Related injury


    Ineed some advise,

    Last friday. I received a notice from Cobra that my Benefits were stopped due to termination. When I called my employer, they said yes. they had terminated my employment while on leave due to an on the job injury. The terminatio was pre dated to 2+weeks earlier than my receipt of notice, and thier termination letter was dated and mailed 5-6 days later than my termination date.

    I have been on leave 12 months. Had two surgeries and trained 2 student interns to take over my responsibilities while I was in recovery/physical therapy. My work is physically intensive.

    At the termination interview I was told that due to restructuring my department/ position (I make up the department) was going to be eliminated as the company was shifting its interest to a different area of work in the near future. New directives etc.

    I was given a proposal for a severance pay of $1000 + accrued vacation while on leave, past pay owed and difference in pay between WC and them.

    They also are requesting a release to be signed and will not release my pay, vacation and difference in salary owed until I sign their release. While on leave I did not have the benefit of salary increase and my salary actually decreaed by several thousand. I still have financial responsibilities to attend.

    I am still on medical leave, and would have to apply for unemployment while I finish recovering and are placed again.

    I feel, though I do not want millions, that 1000 is not "fair" as that is the term the used describing their agreement. Not only I was not terminated with cause, I was not notified in a timely manner (they require from me 2 weeks notice, shouldn't I deserve the same courtesy?). Industry standard is 1 wk of pay per years served. thus that would be in the high 3K's not in 1k.

    Will Work comp continue paying my meidcal bills. Will they try to release me too? What about future complications on the injury? If I sign the release I will have no protection.

    Can they withould my pay pending my acceptance of their agreement?

    What are your thoughts????

  • #2

    They cannot withhold any pay already earned. However, I want to make sure that is the case. Are you referring to pay that you have already earned or pay for the weeks while you were out?
    Lillian Connell

    Forum Moderator


    • #3
      lost pay ~ hours I was out on leave or in hospital

      I tryied to work for almost 4 days before i went to the hospital. they back paied mefrom last day actual work to the dated they terminated me


      • #4
        Well, ME has been gone for over TWO YEARS, so I doubt she's coming back to see your post, Dixie.

        But for the benefit of other posters who may read this, what Dixie's employer did was not required by law; it was a company decision. Other companies may make a different choice, legally.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5

          [QUOTE=Pattymd]Well, ME has been gone for over TWO YEARS, so I doubt she's coming back to see your post, Dixie.

          Hello this is ME , and i have not been gone for two years, I only enrolled a year ago! LOL.... I had not returned, because I lost the link to this forum when my computer had a hard drive fail and it was not until today that i received a message saying that there was a message posted on my inquiry.

          As to the Question by L connell, i am referring to all pay. but my concern was not them withholding or not giving me the pay (earned, w/c, vacation etc), my concern was that they tied the pay to the signing of the release and the presumed severance of $1000 which I thought was not withing industry standards.

          The outcome... I negociated the severance (they provided the industy standard for my profession) and did not sign the release. A few months ago I was given the green light by my surgeon to return back to work. My knee is great though not perfect, but I can do most anything I did before. Just need to re-incorporate into the work place which I hope to do soon and move on with my life past this episiode. I am ready for a new chapter.

          thanks for your comments, blessings to you all. ME


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