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I suffered an injury from work which took some time to

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recover but I still continued...
I suffered an injury from work which took some time to recover but I still continued to work even though I struggled. Since my injury I started getting continued discplinary write ups and when I asked for short term accommodation they refused to work with me and terminated me. I am concerned that I do not have a strong case due to all the write ups
Submitted: 2 years ago.Category: Employment Law
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Answered in 8 hours by:
1/25/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Certainly, the write ups were an attempt by the employer to take away the strength of a case against them, by trying to show that there was an independent basis for termination other than your having been hurt at work. This is actually pretty common and, if there is an underlying case, that's something everyone faces....the allegations of the employer. Juries can typically see through those write ups, as nothing more than a pretext for discrimination.

That being said, I'm concerned about whether you have an underlying case in the first place. You didn't mentioned worker's compensation, which would be on potential basis for a complaint here. If you didn't use WC to cover this injury, I'm concerned because I would normally call this a Worker's compensation retaliation case (being punished for using it).

Accommodation in the workplace isn't required for workplace injuries. The accommodation law applies to disabilities and short term to mid-term injuries are not considered disabilities under the ADA. So, the lack of accommodation by the employer isn't legally an issue. They could have just required that you be out of work until you were healed and could work without restrictions.

You also didn't mentioned the use of Family Medical Leave for your time off. This concerns me because it may not apply to the employer here. If they are small enough (under 50 employees) or you haven't worked there long enough (at least 12 months before you took time off....if you took time off), then the law wouldn't apply. It's just another possibility avenue of claiming retaliation though...if you did use FMLA.

You'd have to hire a local attorney to sue for a violation of public policy if you used WC and are alleging that as the actual basis for your termination. You'd have to go to the Department of Labor first, if you were alleging FMLA use as the underlying basis for the termination.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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