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is this retalation????? Pennsylvania

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  • is this retalation????? Pennsylvania

    Okay...one day after winning a work-comp decision..called in by boss..telling me that the next time I miss work I am going to be terminated? Gotta love big business. Each and every day I have missed work it was cause of the work injury and lifting 65pd box of computer paper that was laying outside in the rain for me to take back. Then a few missed days from another work related incident. I really don't care anymore if I loose this job I can barely do it anymore....BUT...I was told you cannot collect unemployment if you are fired for company policy related absences. And these absences were also accompanied with a drs note.
    IS THIS RETALATION???? (Sp). Use to like this job....ANYONE know the answer???? And WOULD I be eligable for unemployment? Or is what I heard correct and not be?

    Sorry for all the ???..but I know the answers are 99% correct.

  • #2
    Das ist in der Doktor!

    Originally posted by rear-ended View Post
    Okay...one day after winning a work-comp decision..called in by boss..telling me that the next time I miss work I am going to be terminated? Gotta love big business. Each and every day I have missed work it was cause of the work injury and lifting 65pd box of computer paper that was laying outside in the rain for me to take back. Then a few missed days from another work related incident. I really don't care anymore if I loose this job I can barely do it anymore....BUT...I was told you cannot collect unemployment if you are fired for company policy related absences. And these absences were also accompanied with a drs note.
    IS THIS RETALATION???? (Sp). Use to like this job....ANYONE know the answer???? And WOULD I be eligable for unemployment? Or is what I heard correct and not be?

    Sorry for all the ???..but I know the answers are 99% correct.
    Retaliation??
    I'm going to go out on a limb here and say if you were terminated, it would be for missing to much work.
    Having a Dr. note provides no more immunity from termination than having a note from your mother.
    Pennsylvania is an employment at will state and you'd be hard pressed to prove retaliation.
    Despite what you've be told company polices are irrelevant the state and only the state will decide whether or not you receive UI benefits, if you get fired, apply.
    .._______________________
    ~ Politicians and diapers must be changed often,
    and for the same reason.~ Mark Twain

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    • #3
      Originally posted by rear-ended View Post
      Okay...one day after winning a work-comp decision..called in by boss..telling me that the next time I miss work I am going to be terminated? Gotta love big business. Each and every day I have missed work it was cause of the work injury and lifting 65pd box of computer paper that was laying outside in the rain for me to take back. Then a few missed days from another work related incident. I really don't care anymore if I loose this job I can barely do it anymore....BUT...I was told you cannot collect unemployment if you are fired for company policy related absences. And these absences were also accompanied with a drs note.
      IS THIS RETALATION???? (Sp). Use to like this job....ANYONE know the answer???? And WOULD I be eligable for unemployment? Or is what I heard correct and not be?

      Sorry for all the ???..but I know the answers are 99% correct.


      It's not illegal retaliation and you should still file for UI.

      The worst UI can say is "no".

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      • #4
        Agree, always file for UI. The state will decide if you qualify financially & based on the reason for your termination. Good luck.
        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.

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        • #5
          You cannot legally be terminated BECAUSE you filed a workers comp claim. However, you can legally be terminated if you miss too much time that is not protected by FMLA, or if you cannot do the job anymore and there is no other open position for which you are qualified, EVEN IF the absences or the inability to do the job are due to a work related injury.

          Which this is, we do not have enough info to say.
          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.

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          • #6
            Ok..ty everyone..just seems awful suspicious...less then 24hrs after getting a winning decision on a 4yr old work comp decision I am threaten about call-offs. Just want to be able to colllect unemployment if they do what they been wanting to do for a long time.

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            • #7
              In your other thread you said this was a third party settlement on the w/c claim. Why would the company care that you won that?

              I agree with the others that this doesn't seem like retaliation but excessive absences and being unable to perform your job.

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              • #8
                Agree with HRin MA. Your winning the 3rd party case actually helps your employer in the long run so I very much doubt they would retaiate because of it. Not to mention they were not a party to that case as it was a 3rd party claim. The 3rd party claim was also for an injury unrelated to lifting the paper (as I have been folowing this saga for the past 4 years).

                It is unlikely that these isolated absences qualify under FMLA so the doctor's note doesn't give you a free pass on missing time. I would suggest applying for FMLA if you believe any of your future absences qualify.
                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.

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                • #9
                  In the 3rd party agreement they were paid back and gave up their rights to future subroagation..but then re-nigged and said theu didn't. But the wording was re'arranged and said they didn't. So I had to get a comp lawyer to sort it out and now the employer and their ins carrier are not entitled to any credit. Also have to pay back % of credit they have been taking for ladt 4yrs to me and the doctors.

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                  • #10
                    The employee doesn't have a direct monetary benefit in any claim. Costs might roll into the future insurance premiums but the employer won't be directly effected by the ruling. I have employees in PA and am currently litigating an extensive worker comp claim there so I do know the procedures and policies.

                    If you can barely do the job anymore, have you looked into ADA accomodations? It may not work but it could save your job. Of course, even with accomodations you could be termed for poor attendance.

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                    • #11
                      Ty u hr-ma...although I'm not familiar with ada...one of my boss' s and hr person are trying to find me another job..except one problem..it interfers with taking my mother for chemo one wk every third week...Is that like ada? I can do the job they offered except can't start until after 1pm. Appreciate all u smart people answers to my ?? 'S.

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                      • #12
                        No, the ADA does not require that you be accommodated by allowing you to take your mother to chemo. However, FMLA would if you qualify for it.
                        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.

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                        • #13
                          Ok..well already on inter fmla for that....I will just wait n see if they give-in with starting times..thanks CBG

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