By mousiepie - 02/05/2014 09:36 - United States - San Francisco
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In my country, this would be unjust dismissal. It's in the employment health and safety regulations that when identifying hazards to an employer, they should take all precautions to remove the hazard - not the employee. In New Zealand; the company would face $160,000+ fines for this kinda behaviour.
There is always a substitute job in a workplace. The employer must be conscious of his employees safety. In OP's example, the boss would either look at putting him into less heavy lifting, or assess the need for lifting aiding equipment. There's always a plan B... There must be one under law.
In most cases #114, I definitely agree. In my situation however, being a medical facility, like they said "how can we say that we care about saving people's lives and that safety is our #1 priority if we allow our employees to get hurt". I wasn't angry, but they have a point. Some employers care about the employees well being. Thank you though(:
Which is why at will employment is one of the most abused concepts in the world of employment. 99.999999% of the time the employers abuses it to fire someone for some miniscule, unimportant reason when in reality they just didn't like the person in general and in reality it would be a wrongful termination lawsuit if at will employment wasn't in place. It needs to be revised to limit the reasons for firing, i.e. you can't fire for things that are not related to your job or your ability to do it.
At-will employment is badly abused, but the concept exists to prevent unions from blocking all layoffs entirely, which they often do even if not cutting costs will put a company out of business. There should be a reason for firing, but you can't take layoffs off the table to protect from baseless firings; it would kill small businesses by putting them at the mercy of far larger unions
At will employment means that they do not need to give a reason to fire you. "Your services are no longer required." Period. But If they give a reason, they are still liable for wrongful termination, and in cases of workplace injury, they are still responsible for the workers comp claim. I'm not sure which State OP is from, but in most States, (even with At will employment laws) it is illegal to fire someone because of an on-the-job injury. I'd contact a lawyer.
"At-Will" doesn't trump federal protection under the Americans with Disabilities Act, or a state's workers' compensation regulations. You disclosed an injury and rather than accommodate you, they fired you. You should be getting workers' comp, at least. Contact your state labor office, or a lawyer. Best of luck finding a better job.
I know you didn't mean anything negative by this comment, and thank you #3. I had been doing contracting jobs for a while and I did need the job just for the fact that I have a house payment and others counting on me. I've been having some issues finding a new job but I do appreciate the support and kindness. Thank you.
Originally the company supervisor had suggested that very thing. Since I was contracted through a different branch though, it was ultimately the contracting supervisor who ended my assignment at that company and said they will find me a clerical job as to not aggravate the injury further. Since I had mistakenly mentioned that my weak wrists were a pre-existing condition, they stated there is no reason for a nurse to look at the injury since they know what the issue is and that the issue will continue if I stay on the production line. Thank you for your support #7.
well, it was a contracting job. I've had weak wrists all my life but I normally just wear wrist braces and I do just fine. I hadn't wanted to say anything but also having still been new, I figured the bulk of the pain was from the repetitive motions from a 12 hour shift and that once I had been there a while, most of the pain would disappear. When my coworkers noticed the pain from my hands not working properly they suggested the nurse and I asked if she can provide a wrist wrap. They then said I needed to talk to my supervisor before the nurse and being a medical facility, they stated that they can't say they care about saving lives and the safety of the employees if they allow me to get hurt. They then directed me to my contracting supervisor who stated they will find a clerical type job for me. I just felt lame for the fact that for once I was told I couldn't perform a job because I might injure myself. :/ I appreciate the support and kindness though. Thank you.