Husband was in car accident in Alabama and has been out of work for about 3 weeks......

Asked over 3 years ago - Mobile, AL

he has Dr.s excuses for his being out of work due to back injury in car accident but his Employer is not liking it and showing it through his actions towards my husband. How much does my husband have to take and is there anything that he can do about the mistreatment if it worsens when he returns to work per se cutting hours, treatment, verbal etc??

Attorney answers (3)

  1. Mark Christopher Wolfe

    Pro

    Contributor Level 13

    Answered . Alabama is an employment at will State which means employees have little if no recourse for unfair treatment from an employer via our State laws. The only area of protection in our State laws is that an employer can not terminate an employee because the employee makes a Workers Compensation claim. In your husband's situation, it does not sound as if his car wreck was work related (on-the-job) so he has very little recourse. Our firm primarily handles motor vehicle cases and claims but if his job is terminated because of his injury disabilities he may have a claim under the Familiy Medical Leave Act. Also, for more information on car wrecks, please visit our web site: www.botelerwolfe.com In addition you can email me directly with more questions.

  2. Nima Taradji

    Contributor Level 16

    Answered . I take it that the auto accident was unrelated to the work and so this is not a worker's compensation issue.

    Without a contract or a union to protect an employee, the employee may be fired for any reason at any time so long as the reasons have nothing to do with race, gender, age and/or disability. Regrettably, your husband is employed by a jerk and probably will have to put up with the abuse if he wants to keep his job.

    Now, if the abuse is overt and serious, he may have a claim based on a hostile work environment. You should have a talk with an employment attorney to see if the abuses you are talking about reaches that level-and if so, what can be done about it.

    I hope this helps-

    Nima Taradji

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Your husband's personal injury attorney may be able to assist him in dealing with his boss. Depending upon the size of the company where your husband works, it may be subject to the Family Medical Leave Act. That act may provide some protection to your husband.

    Legal Disclaimer :

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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