Legal Question in Employment Law in Missouri
Bad job reference after fired
I was fired because of absenteeism due to a documented injury by Jennings Dept. of Corrections. I was going to apply for Workers Comp, but was told there wasn't enough evidence, since I didn't fill out the paperwork right.-(My supervisor ignormed when when I told her I fell) Now I am just trying to get a job and have been told it is because of Jennings I wont be considered (I have this in writing from the City of St Louis) Is there anything I can do? I dont disagree with their reason for firing me, but now they seem to be blocking my chance of finding a decent job. They had copies of letters from the MD's and physical therapists I saw for this injury
1 Answer from Attorneys
Re: Bad job reference after fired
You may yet be able to file your work comp claim. You should consult with an attorney on that issue very soon.
As to the bad job reference, there does not seem to be enough facts to determine your best course of action. If there is an untrue statement made by someone on behalf of the Jennings DOC then you may have civil claims to make against them. The pendency of yoru work comp claim may affect this.
If this is a matter or "if you can't say anything good, don't say anything at all", the situation may be different. If Jennings DOC normally tells the positive attributes of aformer emoplee, and they say nothing about you, you may not have a recourse against them.
If the former employers states that you had X number of absences, that is one thing. If they state you had X number of unexcused abaence, and those absences relate to your work comp injury, that is another situation. In the second case, the Sity of St. Louis may be concerned about not hiring soemone with a perceived physical disability.
Find out what exactly was reported by the DOc to the City of St. Louis, and find out if you still have time to make your work comp claim.
Good Luck