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I reported an injury, that occured the last night i worked,

to my employer this monday...
I reported an injury, that occured the last night i worked, to my employer this monday. Also the first day the office ppl have worked sence the day of my injury. I reported the injury to the ppl i worked with but not the person who was the acting supervisor. They have yet to give me my workers comp paperwork and notified me today, friday,that they are terminating me because I didnt follow proper injury reporting procedure. Im wondering if i have any kind of case. The thing that may help w/ this case is that I reported an Injury to my left hand to my supervisor and they didnt follow threw prosedure. I couldnt grasp many things with that hand for a week and lost the nail 2 months later. I don't know how they can do things one way but not another.
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Answered in 22 minutes by:
7/12/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Based solely on the information you have provided, it does appear that you might possibly have a wrongful termination case for termination because you have a worker's compensation claim. I say that because if you informed your employer as soon as you could of the injury, it generally would not be a valid reason to terminate you for not necessarily jumping through the right hoops. This just does not look good, timing wise, for the employer.

That said, NC is an employment "at will" state, so that means that an employer may terminate an employee for any, or no, reason as long as it doesn't violate an employment contract, company policy, employment discrimination law or is in retaliation for asserting a right under wage laws, FMLA, OSHA worker's compensation, or discrimination laws. So, if it weren't for this termination being related to your WC claim, they would likely be able to lawfully terminate you.

So, you will need to sit down with a local employment law attorney and discuss the facts in detail about their policies and your current injury and report and what the employer did and said in relation to your termination, to come up with a plan of action. That might involve your attorney writing a letter to Senior Management asking them to reinstate you and pointing out the legal violations, or it might be filing suit. Your attorney will have to advise you how they think it should best be handled.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Customer reply replied 4 years ago

So, being that i live in NC and have an exceptional employment record with that company, and it in my employee file, they can terminate me because they say i didnt follow there reporting policy to the law. But when they didnt follow the SAME policy they can do what ever they want? Also, am i entitled to see there investigation report they did of this accident?


 

Hello again and thank you for your reply. I think you might want to reread my answer, since that is not exactly what I said. I said you DID have a good case for a wrongful termination claim. If you file suit, then yes, your attorney can get all the the employer's documents via the discovery process in litigation. Otherwise, they don't have to turn over any company documents to you in NC. Some states would require that they give you anything that would be in your personnel record without a subpeona or a law suit, but not NC. So, you will have to sue and then you will get all of that information if you need it.
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Customer reply replied 4 years ago

thank you. do you have a list of people i could contact in the Concord, NC area?

Your welcome and unfortunately we cannot give out referrals or references. However, the best way to find an employment law attorney in your area is to contact the North Carolina Bar Association's Lawyer Referral Service. They can give you a referral of a qualified attorney in your area. You can find out more about that service at: http://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public
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Customer reply replied 4 years ago

thank yyou again and have a good day

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