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 =(
Hello and thank you for allowing me the opportunity to assist you.
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).