Hi,
I'll try to keep this relatively short, but I hope someone can help me. I work part-time at a Blockbuster Video in Denver (primarily I'm a student in college).
On the 18th of August I suffered an accident on the way to work. I don't have a car and up to that point I was getting to work via the local light rail. Anyway, I was on a longboard (long version of a skateboard) which I use mainly as a way of getting around faster, and when attempting to cross a street I was knocked over by a truck that didn't look before turning right, and the wheels of the trailer ran over my leg. I haven't decided whether or not to get into a legal fight there, but that's a different story. The driver was ticketed and his insurance has been paying medical bills, etc. Nothing was broken although the muscle was essentially crushed and I've had to keep off the leg.
Anyway, save for that day and the 19th I have always made it to work, but I have had to be on restricted duty and have sat on a stool instead of having to stand at the register or perform physical tasks around the store. I've gotten doctor's notes indicating my need for this accomodation. For the time being I've been able to get there via rides but for this coming week I had to give my store manager a more restricted schedule as it's going to be harder to get there until I heal more completely. Well, recently I found out secondhand (the store manager has not communicated with me, but one of the secondary managers leveled with me) that I am not on the schedule for this next week and that the manager is planning to let me go after the weekend. He apparently told that other manager that he would consider me "rehirable" if I continue to work through this weekend, and he didn't want that other manager to discuss it with me so that he could still get me to work during the weekend. Based on the way this manager (the head one) has acted around me and the way he has spoken to me (often seeming to indicate that he thinks I'm faking the injury somehow, which that secondary manager did indicate to me was the case) I strongly believe that he is letting me go due specifically to this injury. I plan to ask him directly as soon as I get the chance, and bring up the schedule issue. He apparently felt that I was not available enough even though I indicated that my schedule would likely become more open soon.
As I understand it, it is most definitely illegal for me to be fired over this injury. Where I'm not sure of the legalities is that I'm not sure if this will technically count as a "firing." I was actually hired this summer as "seasonal"; basically, during most of the year Blockbuster hires it's employees that way and if they are considered to perform well enough they get to stay on as permanent employees. The current "season" ends on the 15th of this month and it seems he's planning to phase me out shortly before that. The manager has not communicated with me about any concerns with my performance, and again, his behavior and attitude about my injury as well as what that other manager told me definitely indicate that I am being fired/let go over this injury.
I know that's all a bit complicated and some of it is based just on suspicion and secondhand information. Again, I plan to try and get some clarification from the head store manager very soon. But I wanted to get some idea of whether I would have some kind of legal case or whether the manager has simply found a legal way to screw me over. Any ideas?
I'll try to keep this relatively short, but I hope someone can help me. I work part-time at a Blockbuster Video in Denver (primarily I'm a student in college).
On the 18th of August I suffered an accident on the way to work. I don't have a car and up to that point I was getting to work via the local light rail. Anyway, I was on a longboard (long version of a skateboard) which I use mainly as a way of getting around faster, and when attempting to cross a street I was knocked over by a truck that didn't look before turning right, and the wheels of the trailer ran over my leg. I haven't decided whether or not to get into a legal fight there, but that's a different story. The driver was ticketed and his insurance has been paying medical bills, etc. Nothing was broken although the muscle was essentially crushed and I've had to keep off the leg.
Anyway, save for that day and the 19th I have always made it to work, but I have had to be on restricted duty and have sat on a stool instead of having to stand at the register or perform physical tasks around the store. I've gotten doctor's notes indicating my need for this accomodation. For the time being I've been able to get there via rides but for this coming week I had to give my store manager a more restricted schedule as it's going to be harder to get there until I heal more completely. Well, recently I found out secondhand (the store manager has not communicated with me, but one of the secondary managers leveled with me) that I am not on the schedule for this next week and that the manager is planning to let me go after the weekend. He apparently told that other manager that he would consider me "rehirable" if I continue to work through this weekend, and he didn't want that other manager to discuss it with me so that he could still get me to work during the weekend. Based on the way this manager (the head one) has acted around me and the way he has spoken to me (often seeming to indicate that he thinks I'm faking the injury somehow, which that secondary manager did indicate to me was the case) I strongly believe that he is letting me go due specifically to this injury. I plan to ask him directly as soon as I get the chance, and bring up the schedule issue. He apparently felt that I was not available enough even though I indicated that my schedule would likely become more open soon.
As I understand it, it is most definitely illegal for me to be fired over this injury. Where I'm not sure of the legalities is that I'm not sure if this will technically count as a "firing." I was actually hired this summer as "seasonal"; basically, during most of the year Blockbuster hires it's employees that way and if they are considered to perform well enough they get to stay on as permanent employees. The current "season" ends on the 15th of this month and it seems he's planning to phase me out shortly before that. The manager has not communicated with me about any concerns with my performance, and again, his behavior and attitude about my injury as well as what that other manager told me definitely indicate that I am being fired/let go over this injury.
I know that's all a bit complicated and some of it is based just on suspicion and secondhand information. Again, I plan to try and get some clarification from the head store manager very soon. But I wanted to get some idea of whether I would have some kind of legal case or whether the manager has simply found a legal way to screw me over. Any ideas?
