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Wrongful fireing


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#1 Scott1952

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Posted 07 November 2012 - 02:17 PM

My separation papers say I was offered an alternative job after being injured on the job and I threatened them with a workman's comp claim. That is written as the reason for dismissal. they also accused me of becoming hostile while exiting the building. I was just upset and had already been fired. On my way out I did call her a controlling B#$%!ch. AT that time I was already fired and leaving. By the way,the job offer was to go home and wait until they called me, with no pay and no benefits....HELP!

#2 FindLaw_Amir

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Posted 07 November 2012 - 02:32 PM

What would you like done about this matter?
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#3 Scott1952

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Posted 07 November 2012 - 02:47 PM

I would like to be able to collect unemployment and get my knee fixed so I can get another job.I need to live.I am sixty years old and never collected a dime. I worked for these people for seven years with no problems.

#4 Fallen

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Posted 07 November 2012 - 03:04 PM

"By the way,the job offer was to go home and wait until they called me, with no pay and no benefits....HELP!"

I'm not clear what to tell you except to file for unemployment benefits if you're able to work and explain what you did above in terms of what you were told (there's nothing unlawful about filing a workers' comp claim, whether the employer refuses to pay for medical care or not). If the employer insists that you were offered another job where you'd actually be working, it may wind up being their word against yours. It wouldn't make sense for you to quit if there were alternate paid work actually available, and hopefully even if it takes an appeal, the unemployment folks will eventually see this. Given the state of many states' unemployment funds, however, a mere objection by the employer may be a problem. (That said, a letter saying you were fired for "threatening" to exercise a lawful right to file a workers' comp claim should be pointed out to the unemployment folks as being unlawful.)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 pg1067

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Posted 08 November 2012 - 07:34 AM

You haven't asked a question, so I'm not sure what the point of your post is. Can you clarify what you want to know?




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