You wont get fired. At least not now maybe in a few months but it wont be because of the arm.
As some of you know I recently broke my hand and have been out of work because my job consists of me lifting things. Luckily I am collecting disability and supposedly still have my job when i'm able to go back. My question is about being laid off or fired before I return to work, I am in a union that is supposed to protect me from this but my company is currently restructuring and laying people off. I missed a certified letter from my employer today, the damn mail man wouldn't leave it without my signature, and i'm kinda worried that it is basically a pink slip. If I were to get laid off or fired while being on short term disability would I have a case to possibly sue my employer due to discrimination?
I know Decker is a lawyer so I figured he might be able to help me out, but some of you assholes are kinda smart so I figured I might be able to get a few answers.
I drive a big truck
You wont get fired. At least not now maybe in a few months but it wont be because of the arm.
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A lot of this will depend on your collective bargaining agreement between your Union and the Company.
Typically, If you're Union, then your layoff will occur by order of seniority. Disability or not, if your number comes up in the pecking order there's noting you can do about it.
Now.... if they elect to lay you off while leaving others with less seniority in place then you have recourse to file a grievance.
My Company deals with this sort of thing all the time.
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Ok, I just got the letter...Yep, i'm laid off. As of 12/31/06 no more job for me. I don't know why but this seems like such bullshit, it just doesn't seem right that they can do this while i'm on disability. I could understand if it was done when I return to work, but shit man i'm supposed to be out for another couple of weeks.
I drive a big truck
Are you unionized? If so, you can file a grievance. You might also want to do a free consult with an attorney.
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Yes I am. I actually just got off the phone with a union rep and was trying to figure some things out, unfortunately the guy didn't have any answers for me (of course) so he has to call me back with more info. I'm really considering talking to an attorney, that's why I asked this question to begin with. I was hoping there were a few attorneys on this site that could possibly help me out. Yes, I know this is a bodybuilding site but we talk about everything on here so I figured what the hell.
I drive a big truck
Ok, The union guy just called me and basically said that he doesn't believe my company can lay me off while i'm on disability. He said he's gonna look into it more and give me a call Monday, but he's pretty certain that our contract prohibits this.
I could possibly be looking at a lawsuit.....whooohoooo
I drive a big truck
Witmaster hit it right on the head. There's not a whole lot I can add. I have no idea what's in your company's collective bargaining agreement that would insulate you from reorganization due to financial hardship.
I don't like speculating. The best thing you can do at the moment, besides trying to retrieve that letter, is to learn your rights under your union agreement.
I'm sorry that I can't help you more.
Where do you work? Just wondering. Best of luck w/ finding a new job and the union situation.
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