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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience:  Attorney at law and Just Answer Legal Mentor
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I was fired from my employer in Pa. I dont believe it was

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I was fired from my employer in Pa. I don't believe it was from "willful misconduct". It is a little detailed so a phone call would be better. Here are the cliff notes. I went from the "golden boy" to the "bucket boy". I believe since I returned from medical leave I was was targeted because I became a risk for workers' comp. etc. I was fired Feb 4,2011 for two reasons: I didn't assist by boss and internet use. I am 66 years old and was a supervisor for them for the last 5 years. Thank you XXXXX New Middletown Ohio 44442 XXX-XXX-XXXX
Submitted: 3 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 3 years ago.
Unfortunately it is against Just Answers policy to call customers.

Questions I have:

Did you infact assist your employer?

Did you use or not use the internet?

Thanks
Customer: replied 3 years ago.

Yes I assisted her. I can prove it. I did just as much if not more than the other 3 supervisors. The Internet is available to all supervisor. I didn't use it for e-mail friends, face book, porn etc, besides I have her Admin assistant sitting right behind me and nothing was said to me about it. Of the hours I work Internet use was minimal at best.

Any thing else?

 

Thanks

Rh

Expert:  Attorney & Mediator replied 3 years ago.
Thanks

Can you provide me with some background information as to the date you left on medical leave, what reasons you took medical leave.

And to clarify those where the only two reasons given for your termination, is that correct?


Thanks
Customer: replied 3 years ago.

I had an accident with a cart I was driving in the airport around the 1st of Nov 2010. I shattered a glass door. It was an accident. The county reported it that way. I wasn't hurt but it shook me up. I made an appointment with my family doctor the NEXT day because I was showing signs of physical problems. The doctor initially thought I had a mini stoke so for the next 2 weeks I was put through tests: Ultrasound Sound and stress tests for my heart. Everything turned out negative and I was prescribed Enalapril (blood pressure) pills. I returned to work with a doctors release to full duty on or about Nov 15,2010.

 

I went from "golden boy" to "bucket boy" in less than 4 months. Our CEO from N.Y came in and we went to the Ohio State/ Miami game at his request in Sept 2010.

Over a year ago we (all other supervisors) were given a writeup. It was like a "kick in the ass" motivator.

 

Since I last e-mailed you I've been hearing from other co-workers that our company had to get rid of a supervisor because we lost our contract ( wheelchairs , Skycaps and baggage handlers) with South West airlines about mid January 2011. That is about half of our business. Our company does not lay off. They fire people so they can keep their UC rate low. I am not the worst supervisor there but as business goes it's who you are connected to sometimes make a difference.

 

I'll guarantee if you ask any airline representatives especially South West or any employees of mine what they thought of XXXXX XXXXX you would hear nothing but superlatives.

 

So yes those were the only two reasons I was relieved. There weren't anything else that our others supervisors weren't told about concerning job performance and nothing was documented.

 

Anything else?

 

Thanks RH

Expert:  Attorney & Mediator replied 3 years ago.
Thank you.

From the information you have provided, it seems you were entitled to workers compensation from the start when that accident occurred. The employer was required to report this and to pay for the medical attention you needed. So that raises a red flag to me. Secondly, if you are an "at-will" employee you can be let go for any reason or no reason so long as the reasons are not based on discrimination (due to age, gender, religion, etc...under the EEOC). However with that said, it would be unreasonable to terminate you for those two reasons if those reasons were not true and you can prove it was not true. So from the information you have provided it appears you have a case for wrongful termination as to the reasons and possibly violations of the worker's compensation reporting laws.

What to do?

You may want to speak with the PA Department of Labor and Industry regarding the Worker's compensation violation.

You may wish to speak with a local employment lawyer about your case. From what you say it appears you have a case for wrongful termination and worker's compensation violations.




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Customer: replied 3 years ago.

Thank you very much. It is what I thought after a few of my emplyees called me.. Our company don't pay UC they fire people and they use the "at will" as their out. Our company loss an huge contract in Jan 2011. It amounted to 1/2 our business with more to come and I realized now they had to get rid of one supervisor. The excuses given to me were weak at best. If my UC is denied I will appeal. I thought you would give me employment attorneys in the Pittsburgh area.

 

Can you?

 

Thanks RH.

Expert:  Attorney & Mediator replied 3 years ago.

Glad to be of help.

 

I don't know of a specific lawyer to refer you to in you area. I can recommend www.martindalehubble.com which gives you a list of attorneys in your area. In addition contact the Pennsylvania State Bar for a list of their lawyers.

 

http://www.pabar.org/public/membership/lrsblurb.asp

 

http://www.martindale.com/s-Pennsylvania/Pittsburgh-lawyers-law.htm

 

 

 

 

 

 

 

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney's firm.

 

JustAnswer.com uses the term "Expert". I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

 

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with "Attention lawNinvest" Thank you.

Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience: Attorney at law and Just Answer Legal Mentor
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