Employer told me I wasn't needed but not fired after USING Workmans compensation.

[jgaskin36365]

I work for a private ambulance service in Nashville,TN. And was told today after calling to get my schedule for work, that they were exploring different avenues, and that I wasn't needed at this time. I was released back to work after receiving workmans compensation, after hurting my back from lifting a heavier patient into the ambulance. I feel like I've been retaliated against for using workmans compensation. I was given a shift to work last friday, but was never informed of the shift. After calling and texting the scheduling supervisor repeatedly and never receiving a response back. I then checked our website the thursday morning and saw I wasn't on the schedule. So I then went to Indiana because of my grandfathers death thursday. I then get a call on friday morning asking me where I was and that I was scheduled to work. I told the superviser I was never notified and he stated he posted the shift on tuesday of that week. Which I know isn't true because I checked thursday morning and I wan't on the schedule. So today I call again to figure out my schedule and was told that I had missed two days of work in my employment time, and that I was no longer needed, and that they were exploring other avenues. I asked if I was fired and he said no nothing like that. So now I'm confused and don't know where to go from here. I've been with this employer for 16 months. Please any advice will help me. Thanks

 

[army judge]

I work for a private ambulance service in Nashville,TN. And was told today after calling to get my schedule for work, that they were exploring different avenues, and that I wasn't needed at this time. I was released back to work after receiving workmans compensation, after hurting my back from lifting a heavier patient into the ambulance. I feel like I've been retaliated against for using workmans compensation. I was given a shift to work last friday, but was never informed of the shift. After calling and texting the scheduling supervisor repeatedly and never receiving a response back. I then checked our website the thursday morning and saw I wasn't on the schedule. So I then went to Indiana because of my grandfathers death thursday. I then get a call on friday morning asking me where I was and that I was scheduled to work. I told the superviser I was never notified and he stated he posted the shift on tuesday of that week. Which I know isn't true because I checked thursday morning and I wan't on the schedule. So today I call again to figure out my schedule and was told that I had missed two days of work in my employment time, and that I was no longer needed, and that they were exploring other avenues. I asked if I was fired and he said no nothing like that. So now I'm confused and don't know where to go from here. I've been with this employer for 16 months. Please any advice will help me. Thanks

Stop calling and take the time to visit with your manager or the HR manager.

Discuss your concerns and ask about the status of your employment.

Be polite and professional and calm at all times.

You need them to tell you something definitive.

That only happens if you remain calm and professional.

Once you get a dtraigt answer (the truth), then you determine how to proceed.

Do not jump to conclusions.

Do not accuse them of any wrong doing.

As Sgt. Friday used to say, "Just the facts, ma'am, just the facts."

 

[jgaskin36365]

I did talk to the Manager. And all they could say was I wasn't terminated and that they were just exploring other avenues. I'm quite a calm and collective individual under stressful circumstances. But yea it just confuses me. I mean of course i'm pursuing other jobs. But I do feel like I've been retaliated against for using my workmans compensation benefits. And I say that because upon being medically released back to work. I was not given my shift back. Which is protocal to other employees that I've seen go on workmans compensation. But that aside I couldn't get a phone call back or a text back from the supervisors I was told to contact through the chain of command. I feel like they're waiting for me to quit. But I don't know why. Why not just terminate me? Since TN is a fire at will state. All in all i'm just wondering do I have a case against them. Or am I eligible for unemployment benefits,until I can find employment elsewhere.

 

[army judge]

I did talk to the Manager. And all they could say was I wasn't terminated and that they were just exploring other avenues. I'm quite a calm and collective individual under stressful circumstances. But yea it just confuses me. I mean of course i'm pursuing other jobs. But I do feel like I've been retaliated against for using my workmans compensation benefits. And I say that because upon being medically released back to work. I was not given my shift back. Which is protocal to other employees that I've seen go on workmans compensation. But that aside I couldn't get a phone call back or a text back from the supervisors I was told to contact through the chain of command. I feel like they're waiting for me to quit. But I don't know why. Why not just terminate me? Since TN is a fire at will state. All in all i'm just wondering do I have a case against them. Or am I eligible for unemployment benefits,until I can find employment elsewhere.

I didn't advise you to just TALK to them.
I suggested you visit them in PERSON.
You should attempt to meet with your management.
You should also attempt to meet with the HR Manager.

If you find that option unpleasant or less that useful, speak with a couple attorneys.
The initial meeting is offered at no cost.
That is time to ask ALL your questions.


It appears they are waiting for you to quit.
That way they will not have to pay unemployment.

I'm just suggesting you seek an answer, prefarably in writing.
Why not ask someone (when you meet with them in person), "When and where do I report to work for my next shift?"

 

[jgaskin36365]

You're correct. I should meet with them in person. But what i'm trying to figure out is if you think it's worth pursuing a lawsuit against them. And if so then I shouldn't speak to them and let my attorney do the talking?

 

[army judge]

You're correct. I should meet with them in person. But what i'm trying to figure out is if you think it's worth pursuing a lawsuit against them. And if so then I shouldn't speak to them and let my attorney do the talking?

You are putting the cart before the horse.




You are also adding possible fuel to their fire.
So far, you only suspect them of retaliation.
You have no cause of action.
They haven't fired you.
They appear to be building a case against you, using your absence.



They haven't said, but that is how it appears to me.
They also seem to be hoping for you to walk away and quit.
In order to see if another attorney thinks your case has merit, call one, make an appointment, discuss it, and see what he/she has to say.

 

[jgaskin36365]

I appreciate your advice, and will meet one on one with our HR manager. My main goal of course is to get back to practicing emergency medicine. Thanks for your time.