Legal Question in Disability Law in Washington
termination and discrimination
I was injured at work and filed a claim with Workers Comp. I continued to work for several months until my injury became so severe that I was told by my Physician that I would need to take time off work. I kept in constant contact with my employer to keep them aware of my situation. They replaced my position after only 6 weeks and promised that I could have another position in the company whenever I was able to return and then terminated my employment 2 weeks later. They have fought my Workers Comp claim every step of the way. I belive the reason I was terminated is because of my disability and the filing of my claim. I also belive that I was given a verbal contract of employment when I was told I could have another postion in the company when I returned. I filed a report with the Human Rights Commission and EEOC. I qualify as disabled under the ADA definition and was given a right to sue letter. I believe I have been discriminated against and wrongfully terminated but I am the injured party so my question is Do you believe I have a valid case that I should continue to pursue? Thanks
2 Answers from Attorneys
Re: termination and discrimination
Hi
The key to your situation is whether you would have been able to physically return to your former job according to your doc and secondly, whether you were fired at the time of and while you still were disabled & on L & I and whether you were still on an open L & I claim at the time of your firing. If so, then I need to know, how much you were earning per year at this company,and how long you worked there, in order to evaluate if I can help you.
Please email me the answers to these questions.
Rob
www.kornfeldlaw.com
Re: termination and discrimination
What you need is a consult with an attorney. Sounds as though Mr. Kornfeld would be interested in talking with you.
If that is not convenient you can contact the Tacoma Pierce County Bar for a referral to an attorney who practices in this area.
Its not easy to say "Yes, you have a case" based on this statement; however, the statement you have made here certainly suggests that you have a case.
Hope this helps. Elizabeth Powell
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