Saturday, October 31, 2009

Wrongful Dismissal while on Workers Compensation?

On Dec 3rd I injured myself at work. I was on WSIB until Jan 25 when I returned back to work on light duties.
On Feb 6th, my boss approached me and said that my condition doesn't seem to be any better and that this place is obviously for working people only so what am i going to do about it. I then told him that I still had at least another month on light duties and that I expect to be back to normal by then.
I called WSIB to inform them of this situation so that they could resolve this issue. Within a couple hours I received a letter from my employer stating that I had been termintated.
When I let WSIB know this they said they would look into it. Next thing I hear is almost 3 months later and it's that I need to get a new job because I had only worked there for a month they will not pay benefits to go back to shcool. I feel like I was wrongfully dismissed and was wondering if it's too late to do anything about it and what can I do.
Answer:
First thing you need to do is hire an attorney that will take the case and be paid only if you receive compensation from your employer.
Second have your attorney contact the BBB (better business)
Third contact your local EEOC (equal employeer)
I had a simular situation, and did the above steps after the BBB and EEOC did their investigation (free of charge) they found I was fired without cause, which opened the door for a lawsuit which was filed by my attorney.
The BBB and EEOC helped with the negotiations and we settled out of court.
Good Luck
Get an attorney who will represent the fired worker, and file suit for wrongful termination.
In short you very likely have the grounds for a legal case against the employer. I would recommend contacting the EEOC as well as trying to contact a lawyer.

Many places have some kind of free counsel by lawyers if you cannot afford a lawyer but don't count on it. Try your local phone book for Lawyers and if specialties are allowed in your State, not all do, look under worker's compensation and worker's rights.
As an employment/Workers' Comp attorney, I think you have a good case. Most Workers' Comp statutes have a retaliation provision that doubles or triples the damages if an employer fires someone for filing a WC claim. If WSIB is not helping, you need a WC attorney.

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