A major company in my industry moved me and my family here from out of state. Three months later I fell down the steps and fractured my hip. (small hairline fracture no surgery needed) When I returned to work I started getting harassed about my PT and follow up visits interfering with meetings. Then I received a bogus write up for disciplining and employee. Then a second bogus write up because that employee saw my documented write up on my desk in my office (the door was closed) and finally was given a check list of 22 items to complete in a weeks time with NO resources. I busted my butt and completed 19 of them and was fired for not completing 22.
A month later my hip locks up and I fall in the tub. I call the company asking for a recheck of my hip - their Insurance People decline the claim. A month after that I hire this attorney for Workmans comp telling him everythign that happened.
He tells me that I can sue for wrongful termination and I have a strong workmans comp case. Time goes by and I keep emailing and calling to see what the status is. FINALLY he gets moving on it and we go to mediation in March. Keep in mind that is the first time I met him face to face. Actually, the ONLY time now that I think about it. Mediation lasts 6 hours and we agree on a small amount. I sign the release and I think I'm going to get a check and life goes on. But noooooooo.
First during mediation they told me I could ONLY talk about the medical issues. I could not bring up the wrongful termination or the situation my company put my family and I in. Second, after the mediation I ask the attorney about the wrongful termination suit and he says "Oh, the statute of limitations has run out there is nothing you can do now" I was STUNNED.
Then 2 weeks after mediation he sends me a huge document to sign. It is an additional release form from my company. They want me to agree not to sue for a number of things (3 pages long) and to never apply for or work for them again. This is a MAJOR player in my industry. By agreeing to this bs I would be eliminating 75% of opportunities in my field. I am not taking that chance for a measly 7500.00 (after the lawyers cut)
Turns out the company's attorney screwed up and had me sign the wrong release form which is why this new release and it's rules came to light. Now I sit here and wait for the paperwork to be seen by a judge and for his decision on if we need to do the mediation all over again, go to court or for the company to pay it as is.
My quesitons are
1. Is my attorney fairly representing me?
2. Should it take this long after an agreement was reached (almost 5 months)
3. Why should my company be allowed to stop me from working at any other location or for any of their subsidiaries when all I did was fall down their stupid steps?
4. Who would I place a complaint with if in fact I have a valid complaint?
A few weeks ago my attorney emailed and asked what it would take for me to sign the papers as is. I asked what he thought and he responded "oh 3k or so" I was insulted! 3k for 75 percent of my opportunites for a future job?
Thanks in advance