WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

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WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 4:07 am

Topic moved to workplace injury by Administrator

I AM NEW TO THIS NOT SURE IF THIS IS HOW IT WORKS BUT I WAS TERMINATED BY MY EMPLOYER AS HE TOLD ME FOR PERFORMANCE, HOWEVER, I HAD BEEN WORKING WHILE INJURED ON THE JOB FOR 2 WEEKS. HE TERMINATED ME 5 SECONDS AFTER FILING THIS REPORT.... DO I HAVE A GOOD CASE....? I FOUND OUT I WON MY W/C CASE TODAY.

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 4:10 am

From your short post firring an employee for filing a Workman's comp claim is illegal in almost all states. Contact an attorney. Also what state are you in?
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 4:19 am

OK TY AND CAN YOU TELL ME IN ILLINOIS WHAT AM I TO EXPECT TO GET SINCE I WON MY W/C.. I WAS ONLY TOLD I WON .. WHAT AM I ENTITLED TO IF YA KNOW... ILLINOIS

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 4:30 am

AND WHY WOULD THIS NOT BE TOPICED UNDER WRONGFUL TERMINATION?

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 4:32 am

Please turn of the caps lock. Your asking about what in law is known as remedies. The plaintiff generally will be able to recover at least the amount of wages, including fringe benefits, lost between the date of discharge and the date of trial The plaintiff also may be able to recover future lost wages.
In a jurisdiction viewing the action as one in tort, punitive damages and damages for emotional distress may be recoverable ,and other common law remedies.

For more specific information you need to contact an attorney in Illinois. Since this stems from an injury this board recommends this site http://www.injuryboard.com/
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Last edited by JoeC (McGruff) on Tue Dec 23, 2008 6:29 am; edited 1 time in total
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 4:35 am

alpha wrote:AND WHY WOULD THIS NOT BE TOPICED UNDER WRONGFUL TERMINATION?
It is a wrongful termination however since it involves a Workman's comp claim I moved it so posters more versed in Workman's comp law will view it. You are correct it is a wrongful termination violation of Public policy.
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re-injured

Post  alpha on Tue Dec 23, 2008 5:12 am

What if I had pre-existing herniation along with bone spurs in my neck and arthritis in my neck and during this accident; I may have aggravated those injuries. The only reason I ask is because my arm and hand started becoming numb, and tingly when I turned my neck to the right, and looked downs along with I have to pop my neck continuously to relieve pressure built up or unpinch my nerves. But I could control the numbness and tingling, but could the lifting of a very heavy box aggravated this neck and would they be responsible for that as well?


Last edited by JoeC (McGruff) on Tue Dec 23, 2008 6:07 am; edited 1 time in total (Reason for editing : Attempting to correct spelling and grammar.)

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 5:21 am

I thought you said the Workmans comp issue was setteled? Did you have an attorney during the Workmans comp issue?
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 5:25 am

Yes I have an attorney, we split the case up, and did the shoulder injury first, since it was easy to prove.


Last edited by JoeC (McGruff) on Tue Dec 23, 2008 6:06 am; edited 1 time in total (Reason for editing : Correct spelling,and grammar.)

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 5:29 am

We don't second guess attorneys here. If you have an attorney you have to bring that issue up with your attorney.
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 5:32 am

im not asking for 2nd guessing im asking for an outsiders opinion is all i dont know if it feasable is

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 5:34 am

What did your attorney say? Did you ask him/her?
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  alpha on Tue Dec 23, 2008 5:50 am

hes out of town right now i y im asking another ..... also could you tell me what a right to sue letter is from the EEOC and is it a good thing or a reject?

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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  JoeC (McGruff) on Tue Dec 23, 2008 5:58 am

Look your not text messaging here there is unlimited character use, so there is no need to write like that. Do me a favor and use standard spelling,and sentence structure.

A right to sue letter is issued by the EEOC or comparable state or municipal civil rights agency. It means you can proceed to court and file a pleading. There are time limits once the right to sue letter is issued. It does not matter if the EEOC finds cause or not. Why do you ask did you file a discrimination complaint?
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Re: WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Post  rdm4416 on Tue Dec 23, 2008 7:17 am

If you already have an attorney, your best bet is to ask him/her all these questions. Best of luck to you.
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