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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 86059
Experience:  20+ Years of Employment Law Experience
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I have been off work due to an ont he job injury. My docotor

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I have been off work due to an ont he job injury. My docotor took me off work from 5/24/13-6/4/13. Befoe that date, there was some question about f the provider I was seeing was authorized through the managed care organization that SAIF enrolled me in. I was supposed to go back and see the provider on 4/5/13, but the MCO and my adjustor at SAIF told me I could not see him, that he was not on "the list" in the meantime, I called EVERY dr on "the list" but no one was taking new patients, or were booked many weeks to months in advance. Finally I was told a couple of days ago that I could see the provider I was seeing. He just had to fill out a form to be credentialed. So I was set to go see him today and on my way tot he appointment, I get a letter fromt he mailman from my employer saying I am terminated for no call no show on 4/5/ 4/6 4/7.
I was not released to go back to work yet. I am still not. I was not called by the emplkor sayoint they had me scheuled for those days so i could explain I was not released to work yet and I could not even go to a MD before those dates becuase there was no one for me to see that was "authorized". During that time I was alos working with SAIF, the MCO and the State Workers Comp division regarding this who thing of not being able to find a provider.
Now what am I supposed to do? I have no job to go bacxk to if I am released ot work. Can I get unemployment? Can I sue my employer? What is going to happen, what can I do? I am scareed and this is not fair
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Based on your account, if you had filed a workers compensation claim and notified the employer you were out and the employer is terminating you for no call no show while being out workers compensation you have a claim against the employer for retaliatory discharge under the workers compensation law and also (if your employer has 50+ employees and you have been there at least 12 months) you could have a claim for violation of your rights under the Family and Medical Leave Act which grants you 12 weeks of protected leave (and it runs at the same time as workers compensation).

You would file your FMLA violation with the Department of Labor if you choose or you can add it to your suit for retaliatory discharge under your workers compensation claim.

Additionally, if you are released you can file for unemployment and you will have to file an appeal and show the hearings officer they terminated you for no call when they knew you were out under workers compensation and also knew you were on leave protected under FMLA and as such you would be entitled to benefits.



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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 86059
Experience: 20+ Years of Employment Law Experience
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