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John
John, Attorney
Category: Legal
Satisfied Customers: 4523
Experience:  Licensed and practicing attorney.
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Was hired part time February 2014 as inspector OF utilities

Customer Question

Was hired part time February 2014 as inspector OF utilities on a project, never missed a day OF work,hired full time November 1 2014 ,with full benefits. Worked on project in Lenoir City, tn never a complaint. Went to New job IN Harriman tn, inspector for a utility project,never missed a day,HAD accident in August of 2014 tore shoulder up,HAD surgery November 2015, could have taken a 6weeks leave,took 1week,then returned the client was not too happy with MY JOB yet never had a complaint. I have a state required settlement on the 22nd of June,for settlement OF injury. MY company called ME IN on Tuesday 2weeks ago tomorrow,and said WE need to part ways,with no explanation. Then hired a man as I was there TO do another job
It was not lack of work.
What is my recourse?
Thanks
ANDRE VEAL
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.
Just to clarify, this injury occurred on the job, correct?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
It was on the Lenoir City project
Customer: replied 1 year ago.
Are you there
Expert:  John replied 1 year ago.
I see. Your recourse is to file a lawsuit, and you have a good case at that. Specifically you have all the elements of an actionable retaliatory discharge - you allege can show(1) plaintiff was an employee at time of injury; (2) plaintiff made a claim against defendant’s worker compensation benefits; (3) defendant terminated plaintiff’s employment; (4) claim for workers’ compensation benefits was a substantial factor in employer’s motivation to terminate employee. It would then be the employer's response to attempt to show it was not the workers compensation claim but some other factor that caused them to terminate you. You already stated they hired someone else, so they cannot claim job elimination. So they'd have to show something in your work history, which I assume you'll have a good record. So, they cannot disprove your allegations.
I'd recommend you get an attorney before you sign off on this workers comp settlement because they may be asking that you waive claims against the employer, which you do not want to do if you plan to sue them.
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