Fired after getting injured and ex-employer now lying about my record...

by Joy
(Orlando, Florida)

I worked in a restaurant owned by an extremely large corporation (which owns some of most well known restaurants in the country) for 3 yrs with my performance ranking always in the top 3.

The woman's restroom door in the restaurant had been malfunctioning for 2 months, getting stuck so a lot of force was needed to open it. One day, when I was trying to exit the restroom a patron was on the other side was trying to enter. They hit the door hard enough so it opened and it hit me in the face, knocking out my front tooth.

Well my manager told me a guest incident report would be written for me, and I was to get treatment and pay it myself. Then a decision would be made on if they would reimburse me?!

Well after scoffing at the amount they said it would be and telling me to go somewhere cheaper, I was suddenly fired - 36 days after the incident. They used being late as an excuse, however I told the unemployment investigator that if all of our time cards were looked at it would prove in no way was I habitually late yet plenty others are!

They were given extra time to come up with some kind of proof and they could not, so I was granted unemployment. I paid over a grand for temporary dental work, yet it was all I could afford. Well now after missing such an important tooth for over a year, my once perfect and very expensive cosmetic dentistry as a teen has spread so badly - I'm mortified by what my top teeth have become!

Didn't my employer break a major law by choosing to file a guest incident report for my injury, other then filing a workmans comp claim? I made sure to write emails to all the managers asking how I was supposed to pay for this if they're not even sure I'm to be repaid?

So the truth is in black and white. Also I have a ton of experience in the industry but couldn't figure out why nobody would hire me. That is, until during a reference check they described me as always late and unreliable.

How can they say that I was chronically late when the state of Florida (unemployment) found it to be bogus, and my ex-employer was ordered to pay my unemployment? Is this slander? They're saying something untrue which is preventing me from getting another job. I don't know where to even begin.

Visitor Question:
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ANSWER for "Fired after getting injured and ex-employer now lying about my record...":

Joy (Orlando, Florida):

If your injury occurred during your work hours, a workers compensation claim should have been filed. It's not clear why it wasn't. Inasmuch as you worked there for so long a period you should have known how to initiate a workers compensation claim.

There's something missing from this incident. If your manager refused to file the claim for you then you should have contacted the human resources department of the corporation that owned the restaurant where you work.

There also seems to be missing an explanation about how you knew the State of Florida found your employer's claim of chronic lateness to be bogus. You say you "don't know where to begin." Without more information it's very difficult for us to professionally assess your circumstances.

You ask if your employer's stating you were chronically late is slander. Without knowing what is in your unemployment file, and what is contained in your employer's personnel file, it's impossible for us to afford you a clear answer.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION