Ok,sorry if this is long but Heres my sob story. I'm not looking for smypathy just feel like I've hit a wall. In March I was fired after 12 years at Safeway. with the last 6 in management. It all started in Jan 2009 when when My Store manager was moved to another store and all was right with the world. He was a real Jerk and quite honelsty I found him to be less than human. A couple months later I was moved to his store at his request. YEA!! We met prior to my transfer and I told him honestly I was not interested in working with him and the job he wanted me to do was a step backwords for me. Something I had mastered and moved on from.
From that point every move I made was monitered and inspected for policy violations. Including watching my entire shift on camera. needless to say I received a few write ups as a result of this. This is a process I witnessed many times as are employees are union and very hard to just fire.
In December I was Injured on the job. I was struck in the head with a 50lb box that fell into the back of my head and forced my face into another box. I wasn't knocked out but wasn't right. I managed to get help and the whole incident was on camera. After seeing Safeways doctors prob 20 times and having 2 head scans that came back negative I was diagnosed with post concussion syndrome and a sleep disorder by the neuroligist Safeway sent me to. My symptoms were terrible headaches and extreme fatigue. I would litterally get so tired I couldnt make it to a bed and would just sit down and fall asleep. It felt like fainting. I would sleep for 18 hours on average when this happened.
Someone In workmans comp told my store manager the results of my scans and since they didnt show any brain damage he decided I was lying. He told me this on the phone. He told me that he was the least of my problems now and what I am doing is just wrong! I'm pretty sure this was a HIPPA voilation but they didnt care.
During my recovery I was on light duty and was instructed to try and work and if I needed to leave I could do so. I worked maybe 3 days between december and march. I received multiple write ups for everything you could think of. On march 10 I missed my entire shift because I fell asleep. My wife was used to this at this point and let me sleep. when I awoke it was late at night and I waited untill the morning to call my store manager and doctor. I made sure to call within the 24 hours required by Safeways policy. I went to work later that same day and was suspended. I was told to bring a doctors note about "my story". I provided a note from thier doctor protesting my suspension and the neuroligy report documenting a pre-existing condition.
I was suspended without being told for how long. I had another appointment on feburary 28 and told the doctor that they suspended me after all so I don't know if I'm able to work. I told him to go ahead and clear me as I hadnt had an issue since the 10th and felt pretty good. On March 3rd just after being cleared by thier doctor I was called in and terminated. I believe they waited untill I said I felt better and then Fired me.
I filed for unemployment immedatley and was found to be eligable because I shouldnt have been fired. Safeway appealed this decision and we had a hearing where the store manager lied many times and thier attorney tried to discredit me. Thankfully the judge wasnt having it and with my evidence and testimony I won!! the Judge based his decision on the fact that they took a month to fire me. If I deserved to be fired and because I was an at will employee, why wait a month to fire me.
Now heres the wall. Of course I want to sue the S*** out of them. I cant get an attorney to help me. I started calling workkmans comp attorneys and they wont do anything because technically safeways workmans comp didnt do anything wrong. Or so they say. So I started contacting employee rights attorneys and am having the same kind of trouble.
Thankfully I discoved that I was vested with my pension plan and have commenced it. Once I recieve that money I will be able to cancel my unemployment and pay for a real consultation. They seem to run around 300 a pop. I've been scared to waste that money since I lost my income. Hopefully I will have better results with some money to throw around since nobody will help me when I just call them.
Sorry for the long read but it feels good to get it off my chest. Safeway was My first Job. I worked there since I was 17 and worked my way up to a pretty decent salary. I've never even been written up before and man it sucks to have the rug pulled out from under you. Thankfully my wife will be done with her nursing degree in a year and will make more than I did. My pension should last us that long with some carefull planning.
Any advice or help would me the world to me!
thx
From that point every move I made was monitered and inspected for policy violations. Including watching my entire shift on camera. needless to say I received a few write ups as a result of this. This is a process I witnessed many times as are employees are union and very hard to just fire.
In December I was Injured on the job. I was struck in the head with a 50lb box that fell into the back of my head and forced my face into another box. I wasn't knocked out but wasn't right. I managed to get help and the whole incident was on camera. After seeing Safeways doctors prob 20 times and having 2 head scans that came back negative I was diagnosed with post concussion syndrome and a sleep disorder by the neuroligist Safeway sent me to. My symptoms were terrible headaches and extreme fatigue. I would litterally get so tired I couldnt make it to a bed and would just sit down and fall asleep. It felt like fainting. I would sleep for 18 hours on average when this happened.
Someone In workmans comp told my store manager the results of my scans and since they didnt show any brain damage he decided I was lying. He told me this on the phone. He told me that he was the least of my problems now and what I am doing is just wrong! I'm pretty sure this was a HIPPA voilation but they didnt care.
During my recovery I was on light duty and was instructed to try and work and if I needed to leave I could do so. I worked maybe 3 days between december and march. I received multiple write ups for everything you could think of. On march 10 I missed my entire shift because I fell asleep. My wife was used to this at this point and let me sleep. when I awoke it was late at night and I waited untill the morning to call my store manager and doctor. I made sure to call within the 24 hours required by Safeways policy. I went to work later that same day and was suspended. I was told to bring a doctors note about "my story". I provided a note from thier doctor protesting my suspension and the neuroligy report documenting a pre-existing condition.
I was suspended without being told for how long. I had another appointment on feburary 28 and told the doctor that they suspended me after all so I don't know if I'm able to work. I told him to go ahead and clear me as I hadnt had an issue since the 10th and felt pretty good. On March 3rd just after being cleared by thier doctor I was called in and terminated. I believe they waited untill I said I felt better and then Fired me.
I filed for unemployment immedatley and was found to be eligable because I shouldnt have been fired. Safeway appealed this decision and we had a hearing where the store manager lied many times and thier attorney tried to discredit me. Thankfully the judge wasnt having it and with my evidence and testimony I won!! the Judge based his decision on the fact that they took a month to fire me. If I deserved to be fired and because I was an at will employee, why wait a month to fire me.
Now heres the wall. Of course I want to sue the S*** out of them. I cant get an attorney to help me. I started calling workkmans comp attorneys and they wont do anything because technically safeways workmans comp didnt do anything wrong. Or so they say. So I started contacting employee rights attorneys and am having the same kind of trouble.
Thankfully I discoved that I was vested with my pension plan and have commenced it. Once I recieve that money I will be able to cancel my unemployment and pay for a real consultation. They seem to run around 300 a pop. I've been scared to waste that money since I lost my income. Hopefully I will have better results with some money to throw around since nobody will help me when I just call them.
Sorry for the long read but it feels good to get it off my chest. Safeway was My first Job. I worked there since I was 17 and worked my way up to a pretty decent salary. I've never even been written up before and man it sucks to have the rug pulled out from under you. Thankfully my wife will be done with her nursing degree in a year and will make more than I did. My pension should last us that long with some carefull planning.
Any advice or help would me the world to me!
thx
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