i was working from oct-end of nov, when i broke my foot, i got fired because it happened off work and i missed too many days for recovery with a DR note releasing me to work the next day (with a cast and crutches) the manager stated "if your in a cast you cannot work" and was wondering if this is legal?
i was working from oct-end of nov, when i broke my foot, i got fired because it happened off work and i missed too many days for recovery with a DR note releasing me to work the next day (with a cast and crutches) the manager stated "if your in a cast you cannot work" and was wondering if this is legal?
To generic of a question to just answer that. More information is needed to give you anything short of a proper answer.
First thing is this. Have you made it thru your probation period or not. Some contracts have 45, 60 and 90 day probation. If you did not make it thru probation then you can be terminated for anything they want to terminate you for.
Second thing is this. What are your Job duties or tasks that you are required to do at work? There are a few areas that does not require a lot of movement and one can do limited work with a broken foot.
Then there is the big one. If it happened at work ( you say it did not) then there is workmans comp and the company will find you something to do that is light duty. But if it was an injury , off work, then the company has the right to keep you off work until there is a complete release from a doctor that puts you at 100% and no limits to your work.
Brought back and able to work without that and the company is 100% liable for any more problems you would have from that injury. If the doctor said you was able to go back to work ( as is cast and all) that is one thing and you may have wanted to get another doctors opinion on limits vs no limits vs your job duties. If the doctors said you can work and the company says you are not 100% to do the tasks then they can keep you off work ? Check with your union but I am pretty sure that is what they will tell you.
Now if you was thru your probation period and this happened then your should have been able to take a medical leave or some type of leave, under your contract, that would have given you 30 to 60 days off. If paperwork was not filed or renewed at some point, then you was probably dropped off the payroll as a voluntary termination. That would still let you be able to be rehired.
But without having the facts and more information, then it is all just shear speculation on mine and anyone else s opinions.
Bottom line is this. Get hurt off the clock and away from the store, and you have basically screwed yourself as the company can do what they want, to a certain point.
