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Quitting with good cause and receiving benefits

by kristen

I had a work related injury almost two months ago and was placed on workman's comp, due to it. I unfortunately allowed them to send me to whatever doctor's, therapists, etc. that they chose and gladly went along with it. I was called in on 2-12-10 and told my claim was being put in a holding status effective 2-4-10, due to them receiving my past medical history. I had made them aware of a past back injury, due to an auto accident, but had not received treatment in years for it. Their physician essentially decided that I wasn't eligible for pay or benefits, because after leaving PT one day, I was able to go grocery shopping and they were doing serveillance on me and said they saw me lift a 24 pack of pop. Now, I was never asked at PT whether I was still able to grocery shop or anything, but their now claiming I'm in a position to lose my job, because I was untruthful. If I was never directly asked about shopping, how could I have been untruthful? I was also taking large amounts of pain medication and it's quite possible that this had kicked in, when I stopped at the store. They said they did serveillance on Feb. 2nd and 3rd, but yet this was never told to me on 2-12-10 and I was told that our meeting yesterday was for me to return to work. This was an untruthful statement by them. I have an email from the Risk Managment Manager stating I would need daycare for today, but then told she didn't know about the serveillance, but then later recanted that story and caught herself in the lie. Of course they chose not to record the conversation, due to the fact they made comments about my child they claim

is sick and is not, that I have 4 children and my plate is full and that they are sending this info to the H.R. Director and that she'll decide whether I deserve to work there anymore or not, since I'm an untruthful person. Now, they were untruthful about the nature of both of the interviews I went to when asked and also in emails and subjective statements they made about my family life. I know they plan to fire me and my husband thinks I should quit and state my "good cause" reasons, in an attempt to gain unemployment benefits. What do you think? I don't know that I can work in a setting where someone tells me I've been untruthful and that I'll be watched at all times. That's not a situation anyone would want to be in. Thoughts?

Hi Kristen,

One thought, go see a worker comp attorney .. I'm not kidding you.

Worker comp is not something I know a whole lot about, but I do know employer's can use surveillance and fact gathered to support worker comp fraud to fight unemployment.

I suspect that it wasn't the grocery shopping itself but a lifting restriction that they think the 24 pack is something that can be used .. along with information about your kids .. for goodness sake .. talk to an attorney. In fact I don't even know if you should waste your time with LegalMatch. It's there for people to use, but also because I get a small commission everytime somebody fills out the form. It's how I keep answering questions for free:)

But in your case .. I think you need to get phone numbers tonight and start calling lawyers first thing in the morning and talk to one .. before you talk to the Hr Director.

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