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Wrongfully Terminated? Need Advise ASAP! (Employment & Labor Law)

Mon, 31 Oct 2005 01:03:00 GMT
Tags: advise, back, californiabri, employment, injured, jose, labor, law, san, state, subject, terminated, termination, wrongful, wrongfully

What is the name of your state? San Jose, California
I need help finding out if I was subject to wrongful termination. I was injured back in July 27 2005 of this year, return to work with modified duties on September 19, 2005 of this year and Terminated October 11, 2005 of this year. I had heard talk about being replaced, and I had even question my supervisor and the H.R. manager, and of course both had denied it. I work in the security field and the employer has an at-will policy. I'm still UNDER DOCTORS ORDERS and my physician doesn't know that I've been terminated.
I feel that every since I filed a workman-comp claim that I had been targeted. *Note*Upon my 6 month performance review, my employer mailed my review to me while I was out on medical recouping from my injury, I never had my six month formal review. Can they do that? The reason for my termination was purely based on speculations and miss-communications and initial training miscues but none of it based on facts as I have witnesses to the effect. But my employer I feel looking for any reasons canned me without offer of any other position or account and all I have done was my job and extremely well according to their mailed in review of my performance. Does any of this make sense?
The reason that I was given for the termination, I was told that I had exceeded the boundaries of my patrols and that the client no longer wished to continue my service with them. But the problem with that is I had been patrolling the areas and I was ask only once by the client why I was patrolling the area. I had explained that I had been patrolling the corridors
Since I was trained and assigned to the location and mind you without incident and with the clients knowledge prior to my injury (tore my hamstring while on the job).
Then all of a sudden after my return to work from being on workmans comp and released with medical restrictions, (2 months later) on my first day back It was rumored by other security officers that the office was
Trying to replace me, I had of course spoken with management about hearing that they were trying to replace me and that I had heard it from reliable sources. Of course they denied it. But two weeks later, there I
Was terminated without a legitimate reason. I had been replaced by a younger (21 yrs old) according to the rumor that had no experience at the lead position. Also in question was my 6-month review. I did not receive my 6-month review formally; it was mailed to me while I was out on medical from the injury. Is that common practice for an employee to receive his or her review in this manner? Also I still have pain and had not seen my physician due to Im afraid that they would charge me for the visits. I had yet to complete my physical therapy the medical visit for 10/24/05 to request an extension but had to cancel. What are my remedies if any?

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