Can a employer state you quit when you did not after asking how to file a work comp claim?
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Can a employer state you quit when you did not after asking how to file a work comp claim?
I was recently digbosed with corpal
tunnel, I asked my manger how to file a
work comp claim… he stated he would
get back with me on how… three days
later i was sent how after a smudge was
left on a window… I work for a car
detailer, he stated I was being sent
home due the window issue. This was on
sat… on monday a coworker who I ride
to work with called me and stated that
our manager had instructed him not to
pick me up because I had quit… I
called my manager who stated that I had
quit saturday… I said no you sent me
home… he stated that I had quit which
I stated no i did not and he stated
that I did and not to come in. I feel
this retalation for wanting to file a
work comp claim
Asked on February 27, 2017 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
What you describe appears to be illegal retaliation against you for filing a worker's compensation claim, as well as illegal discrimination against you (wrongful termination) for having a disability (the carpal tunnel syndrome; a condition affecting your life functions). Both things, are, as stated, illegal: employers cannot punish employees for seeking to exercise their rights, such as to worker's compensation; and they can't discriminate against employees who have disabilities. You may have one or more legal claims about your employer; based on what you write, you should speak with an employment law attorney (many provide a free initial consultation to evaluate a claim; you can inquire about this before making an appointment) about vindicating your rights.
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