Husband Let Go (employee, payment, unemployment, employer)

[Lucky Lady123]

After 4 weeks. Why they hired him in the first place is beyond me,especially if they knew they were only going to need him for a few weeks. After being there 4 weeks he sprained his hand/wrist and could not work these past 2 weeks per doctor's orders so when he called last night to find out what position he was going to be doing he was told to speak with the HR director. Well, hubby called this morning and the director never called him back so he went down to his job earlier and found the director and was told he was being let go and it had nothing to do with job performance or his injury and that the company was cutting back and he and 9 others were let go. Why couldn't he have told him this 10 days ago when he handed him the doctor's note?!! Sorry if I'm ranting but we are just so frustrated because we have had some really bad luck the past 18 months and we are at our wits end. I know, as Bon Jovi would say "You Gotta Keep The Faith."

[annerk]

It's possible taht they ust didn't know that early on. I don't know what type of work it is, but could the company ahve been expecting to be awarded a contract taht didn't happen, or maybe one of their biggest customers just went belly up so the company your husband worked for knew they would need to cut back their output?

Either way I hope he finds something else soon--good luck!

[barrier12]

I think nobody would hire knowing they will let this person go soon.

Good luck.

[Lucky Lady123]

Thanks for your good wishes Annerk. Hubby also was told from one of the co-workers as he was leaving earlier that the company may be re-locating out of state next year so again I say why did they hire him? I'm done......no more venting.

[I_Love_LI_but]

Tell your husband to file for Workers' Compensation for the salary loss (while he was employed) and for payment of medical expenses for his injuries. Then once he is better, hopefullly he has enough work time in with a previous job to add to this job's tenure to be eligible for unemployment insurance.

[Lucky Lady123]

Our doctor's office called and the HR director said Hubby wasn't there long to file for WC and for medical expenses.

[nicet4]

Originally Posted by Lucky Lady123

Our doctor's office called and the HR director said Hubby wasn't there long to file for WC and for medical expenses.

I find this hard to believe.

If he was hurt on the job he sure is entitled and covered from day one.

[sundrop]

Originally Posted by nicet4

I find this hard to believe.

If he was hurt on the job he sure is entitled and covered from day one.

I agree...

if he was hurt on the job he is covered. Don't let them snowball you. My DH was in a position and had only been there 2 weeks. He had an accident that he cut his hand and almost lost a finger. Everything was covered and he was paid for the missed time.


I am sorry that this happened to you, I wish you luck.

[annerk]

Originally Posted by Lucky Lady123

Our doctor's office called and the HR director said Hubby wasn't there long to file for WC and for medical expenses.

WRONG ANSWER!! If he was an actual employee, not a 1099 (contract) employee, he is eligible for W/C from day ONE! There is a one week wait period for lost wages, but medical must be paid IN FULL from the first minute the injured employee begins work.

This is the NJ law, if you aren't in NJ, google the laws for your state, but they are all basically the same.

Department of Labor and Workforce Development | Frequently Asked Questions

[SIZE=3]34:15-14. Waiting period. [/SIZE][SIZE=3][SIZE=3]Except as provided pursuant to R.S. 34:15-75, no compensation other than medical aid shall accrue and be payable until the employee has been disabled 7 days, whether the days of disability immediately follow the accident, or whether they be consecutive or not. These days shall be termed the waiting period. The day that the employee is unable to continue at work by reason of his accident, whether it be the day of the accident or later, shall count as one whole day of the waiting period. Should the total period of disability extend beyond 7 days, additional compensation shall at once become payable covering the above prescribed waiting period. [/SIZE][/SIZE]
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[SIZE=3][LEFT]34:15-15. Medical and hospital service. [/SIZE][SIZE=3][SIZE=3]The employer shall furnish to the injured worker such medical, surgical and other treatment, and hospital service as shall be necessary to cure and relieve the worker of the effects of the injury and to restore the functions of the injured member or organ where such restoration is possible; provided, however, that the employer shall not be liable to furnish or pay for physicians’ or surgeons’ services in excess of $50.00 and in addition to furnish hospital service in excess of $50.00, unless the injured worker or the worker’s physician who provides treatment, or any other person on the worker’s behalf, shall file a petition with the Division of Workers’ Compensation stating the need for physicians’ or surgeons’ services in excess of $50.00, as aforesaid, and such hospital service or appliances in excess of $50.00, as aforesaid, and the Division of Workers’ Compensation after investigating the need of the same and giving the employer an opportunity to be heard, shall determine that such physicians’ and surgeons’ treatment and hospital services are or were necessary, and that the fees for the same are reasonable and shall make an order requiring the employer to pay for or furnish the same. The mere furnishing of medical [/LEFT]
[/SIZE][/SIZE]rev. date July 10, 2009 28
[SIZE=3][SIZE=3][LEFT]treatment or the payment thereof by the employer shall not be construed to be an admission of liability.
If the employer shall refuse or neglect to comply with the foregoing provisions of this section, the employee may secure such treatment and services as may be necessary and as may come within the terms of this section, and the employer shall be liable to pay therefore; provided, however, that the employer shall not be liable for any amount expended by the employee or by any third person on the employee’s behalf for any such physicians’ treatment and hospital services, unless such employee or any person on the employee’s behalf shall have requested the employer to furnish the same and the employer shall have refused or neglected so to do, or unless the nature of the injury required such services, and the employer or the superintendent or foreman of the employer, having knowledge of such injury shall have neglected to provide the same, or unless the injury occurred under such conditions as make impossible the notification of the employer, or unless the circumstances are so peculiar as shall justify, in the opinion of the Division of Workers’ Compensation, the expenditures assumed by the employee for such physicians’ treatment and hospital services, apparatus and appliances. [/LEFT]
All fees and other charges for such physicians’ and surgeons’ treatment and hospital treatment shall be reasonable and based upon the usual fees and charges which prevail in the same community for similar physicians’, surgeons’ and hospital services.
[/SIZE][/SIZE][SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]
[/SIZE][/SIZE]

[sundrop]

to add:

The HR director has the companies interest at heart. Not your hubby's.
Fight that tooth and nail !!