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TJ, Esq.
TJ, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12077
Experience:  JD, MBA
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I was injured at work while doing valet. I was hit by a car

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I was injured at work while doing valet. I was hit by a car and damaged a muscle in my lower back and side. I was released back to work 2 weeks later from a doctor. I contacted my employer about the injury 3 days after it happened. The person who hit me was another employee that admitted he did it. My boss started yelling at me saying i was trying to f*ck his business and I said "sorry but my insurance wont cover a work related injury and I need to get it checked out" My boss finally took me to the doctor and we had it taken care of. I have yet to be paid for the 2 weeks I had off. And when I returned with the release paper they said they would not be bringing me back. During this entire time I texted my boss saying when I should be released and if I could do anything else with my restrictions and he said I could not return with the restrictions because he "didnt want to take the risk" also he said " I am not doing valet right now" and the day before I was released I passed by the business to see if he was doing valet and he was not. Then when I came back he said " I hired someone else to do it." and that was that. I am 100% sure he fired me over retaliation of workers comp. Also I am NOT 100% sure he filed it under workers comp. The department of labor in Alabama said I should probably contact an attorney over the matter. I am wondering in the state of Alabama do I have a case? Also what would I be fighting for? And what should I be asking for? I have no idea what to do. Please help =(


VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

Hello and thank you for allowing me the opportunity to assist you.

It is illegal for an employer to fire an employee (or otherwise retaliate against the employee) for filing for a worker's compensation claim. Doing so is a violation of Ala.Code 1975, § 25–5–11.1. So, you were given good advice to retain a local attorney. You could sue your former employer for monetary compensation for the wrongful termination. You could demand reinstatement, but most people would likely demand money. The attorney can help you figure out how much to demand based upon how much you made, etc.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
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Customer: replied 3 years ago.

I am kinda still scared about this because they said at the end "we had to hire someone else because you were out for 2 weeks" But in the text he said that he was not doing valet and made me think that I was going to get my job back. Also There was no valet going on before I came back with the paperwork saying I could come back. I am also worried that he will be able to say "I needed someone else because he was gone for 2 weeks." Even though he knew about when I was going to be released. Is that still legal?

Hi again.

This is a tough situation because it is lawful for him to terminate you for being gone for two weeks (assuming FMLA does not apply). It is not lawful for him to terminate you for filing a worker's comp claim. Obviously, if you sue, your former employer will make the first argument. Whether or not he wins depends on the evidence, and how believable the judge finds him as a witness. But I would still see a local attorney so that he can review everything and help determine how strong your case is.
Customer: replied 3 years ago.

thanks!

You are quite welcome. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.