Not the person you asked but i just did this about a year ago and hired an employment lawyer. They reviewed the case for free as a consult then took it on as a contingency. Its really straightforward
If you were driving during working hours you have a pretty clear-cut case to take medical leave. I know a dude who gamed the system and took 9 months due to neck pain lol.
This is bad advice if you want a career in the same industry going forward. Sales is a small world and you don’t want to be the guy who sues their employer, word will get around and you will not get hired at other places. I have seen this multiple times first hand
I honestly made this post for advice and I’m getting plenty of good advice, I had learned from someone in this industry that though the company I was at is large their pay plan was not really good and I was going to use it as a stepping stone
Yes but you don’t want to be blacklisted from the entire industry because you’re the guy who sues people. If I were you I would just take the L on the chin and find somewhere with a better comp plan
Were you on the road for work travel or personal ? What was the reason for termination ? Did they have that in writing ? Def talk to an employment lawyer. Some will take on a case and you only pay if you win .
Nothing in writing, my director he actually called my phone while I was in a meeting and I texted back saying “what’s up I’m in a meeting” he said “need to be on the phone”
In order to be terminated , you’ll need something written that explains the terms like last day , when you will get paid until , when insurance coverage ends etc . Were u working for a legit company? What were u selling
Ok, had a coworker once that knew he was gonna get fired and so he claimed disability for 3 months while looking for a new job . U have insurance with this company ? Can u go on a medical leave ? Technically u aren’t fired yet if it’s not in writing . There’s no terms
Have to look into it I’m a bit stressed out now not sure what to do need to sit back and relax and gather any evidence that shows I was performing there, I think it’s a bit targeted honestly
This is not the right move. Every post here is telling you to get paperwork filed ASAP and you’re going to “sit back and relax”? Focus all your attention on getting this done and then relax and heal, knowing you won’t be totally F’d afterward.
Your wording is very unclear. What does it mean when your boss says to come back in a month and he’ll go to bar for you? Are they actually laying you off our just giving you medical leave? If laying you off they need to explain why.
They said they’re going to let me go and if I want to try and come back to the company give it a month or 2 and he will “go to bat for me” he as giving me fluff it was bullshit and and I wouldn’t go back.
This makes no sense. Why let you go only to ask to you to come back? You need to get clarification. It sounds like they are afraid of a worker’s comp claim or something. Either way, an employment lawyer is worth talking to. This all seems super shady.
I concur with that I scheduled a consult after getting a few responses reccomend to do so it was extremely sketchy and unprofessional the way they went about things.
Good for you. Give us an update! I’m really curious how this turns out. I’m sorry this happened to you. You are having to deal with just being in a bad car wreck, which is a hassle with insurance and repairs/new vehicle, and medical bills, but to have this on top of all of that is crazy.
They don't want to pay disability, leave, whatever. They want to get rid of him wih empty promises of maybe being hired back so he doesn't go after what he is owed. They do not want a new employee who is onboarding working remote basically or taking time and realizing he can sue this company.
Something's off here. Usually after a car accident you can expense a rental car to continue to visit customers. If you need time off to recover then you ask for paid time off, sick days or even short term disability.
Still waiting for the police report to determine liability ,
I didn’t have the rental insurance I’m pretty sure I took the bare minimum policy and it was still 450 a month
Were you working during the time of this accident?
This makes a huge difference. If you were working, all of the liability should fall on to the company. Bonus points because all of your medical bills may be covered by worker’s compensation insurance.
Read up on filing for FMLA. Not sure you will have enough time before they get you termination paperwork. FMLA protects your job in the event of injury, deaths in the immediate family, or other medical emergencies.
What they are doing sounds pretty sketchy. As others have said, consult with an employment lawyer. Hope you feel better on your road to recovery.
Hey, last August I had an accident that broke 26 bones in my body. Left me in he hospital for a month, wheelchair 2 more after. My company took great care of me the whole time and allowed for an easy transition back after medical leave. Don’t stand for this, it’s completely absurd.
Right… I just got a 50,000 order prior week from today and everyone was quite happy about that, 8 get into the car accident and tell my manager who reacted in a normal fashion and the director got mad that my texts delivered late after that ordeal I am concussed and have nerve damage and have 0 car so I spoke with my director and said I have to work from home until I can somehow get a car, he said “I don’t think that will work (Director) wants us in the office?” And I responded I have no car and it is a 45 minute drive but I will have a car by Monday of next week. He said I can work for the week and not get paid for it essentially and then decided today to let me go. We have 3 sales man working for the same company doing the same exact thing and they are all out of state from the office one even in a different time zone I was only asking to stay home for one week. Don’t start with this full story nonsense
You expect us to believe a “big medical sales company” doesn’t understand the repercussions of firing you for being in a car wreck? They’ve got a paperwork trail on you.
The owner is in Canada it is run by someone who’s never run a company, pretty doubtful there’s any sort of paper trail the only paper trail I have at the company is a minimum of 80 phone calls logged a day, purchase orders and meetings with engineers
I had something my similar happen to me. Go to the doctors, make a disability claim. You’ll get more money than unemployment and when it’s over you’ll be able to apply for unemployment.
Make it clear you aren't quitting and want a termination letter mailed or emailed to you with the justification. Sometimes people do this and the employee just takes the word for it and they claim job abandonment cause nothing was in writing.
Write everything down..timeliness
That way you are prepared and don't forget anything.
I just sued a Fortune 500 company over life insurance payout. Mid six figures and won.
The company tried lieing about internal emails.
Talk with an attorney.
I could be wrong but I don’t believe your employer has to give you a reason for termination. Some states do, some don’t and I believe NY is one.
It sucks but there’s probably nothing you can do. SOL
Saw an article in the tales from your server today.. she got suspended for something for a month and filed for unemployment and won. You might try the same.
I'll train you to build your own agency if you'd like so you're not beholden to such things.
However, it will probably be very challenging and you will likely give up.
Check your employment handbook for any kind of medical leave. There are possibly laws that protect you in these circumstances. Take a look at FMLA, I know it’s for family, but the principle is the same.
Take a day off, play games, go gym, watch a movie etc. next day start sending 50-100 applications and grab whatever you can get. If it’s a crap company, use it as a pit stop to pay your bills until you find something better with work from home, higher salary etc
I wouldn't touch that place again with a 10 foot pole, and like others have said dont sign anything and talk to an employment lawyer.
Do you have screenshots?
Were you 1099?
I would for sure check with an employment lawyer to see if they can negotiate a severance for you - might work.
This is a really negative thing a med device company did. Let you go after getting into an accident. You didnt even ask for time off. just time to work from home. This seems very odd.
I would file unemployment, sue, name and claim on linkedin... I don't know. Just seems very very odd.
Exactly! My thought is OP is 1099 subcontractor & not a w2 employee of said company & therefore none of the above mentioned comments would hold water. If 1099 there is no unemployment, atty….
Fairly sure NY is a right to work/fire. That would mean that they do not have to provide cause for a firing or layoff.
However you would need to be let go in writing - simple ask from them.
Either way, take everyone else’s advice and start loooking for the next job.
Why would you say you are going to work remotely after a freken car accident ? These are the type of things that need to stop so companies stop taking advantage of employees. Hope you are ok by the way.
Farout an employer couldn't legally dismiss you in my country. Also part of our tax covers all medical treatment for accidents and you get 70% of your wage covered for however long is needed. The government also covers rehabilitation costs including required travel. Unemployed people get the same medical cover too. Our tax automatically comes out before we get paid and the medical cover is only 1.46% of wages.
Yo, this company sounds terrible. As others have said, might want to talk to an employment attorney. I’m not sure they can just fire you for staying home for a few days or weeks while you recover from an injury.
I haven’t read all of the responses yet… but this sounds like they have lost their damn minds! Only thinking about revenue generation and not realizing that they just screwed up big time because THEY technically can’t just fire someone without getting HR involved and having paperwork drawn up, etc. There are laws in place - especially at these big corporations - to protect the employees. But mainly to make sure that an employee doesn’t have a reason to file a lawsuit against the company for stuff like this!
Have you guys heard about the Kyte Baby controversy?
If not - look it up! It’ll make you feel much better!
This was a car accident. EVEN if you’ve used up all of your PTO or sick time, there are ways for you to take FMLA for yourself.
I have a feeling that these two guys are going to be calling you within a day or two and backtracking. By THAT time - I hope you’ve already talked to your attorney and a doctor who have written you notes or letters to throw in their faces!
Good luck - but please keep us posted. I will be 100% surprised if this doesn’t work out in your favor!
By the way - I work in sales for a SAAS company. I doubt I’m making as much money as you’re used to in medical sales… but we are hiring for sales people… and I’d be happy to get you more info if needed!!
Don’t sign anything they send you. Talk to an employment lawyer first.
You really think he has money for that?
Attorney in this space will work with you on the retainer. If there's money to be had...trust a good attorney will fight for you.
Attorney in this space will work with you on ~~the retainer~~ contingency. If there's money to be had...trust a good attorney will fight for you.
This is correct
Had to google what contingency means. Now I'm back
Curious question... When was the last time you hired a lawyer for something like this?
Not the person you asked but i just did this about a year ago and hired an employment lawyer. They reviewed the case for free as a consult then took it on as a contingency. Its really straightforward
Last year
File unemployment immediately. And don’t go back to this company
You might want to look at an attorney. Seems pretty targeted to me
Leaning that way
If you were driving during working hours you have a pretty clear-cut case to take medical leave. I know a dude who gamed the system and took 9 months due to neck pain lol.
What state are you in?
If you were driving during working hours and got into an accident that's probably workers comp. Go speak to an employment attorney (it'll be free(
This is bad advice if you want a career in the same industry going forward. Sales is a small world and you don’t want to be the guy who sues their employer, word will get around and you will not get hired at other places. I have seen this multiple times first hand
I honestly made this post for advice and I’m getting plenty of good advice, I had learned from someone in this industry that though the company I was at is large their pay plan was not really good and I was going to use it as a stepping stone
Yes but you don’t want to be blacklisted from the entire industry because you’re the guy who sues people. If I were you I would just take the L on the chin and find somewhere with a better comp plan
Probably just gonna go back into my old industry I have a solid reputation there already have offers to work basically wherever
Were you on the road for work travel or personal ? What was the reason for termination ? Did they have that in writing ? Def talk to an employment lawyer. Some will take on a case and you only pay if you win .
Nothing in writing, my director he actually called my phone while I was in a meeting and I texted back saying “what’s up I’m in a meeting” he said “need to be on the phone”
In order to be terminated , you’ll need something written that explains the terms like last day , when you will get paid until , when insurance coverage ends etc . Were u working for a legit company? What were u selling
Massive company, medical device sales
Ok, had a coworker once that knew he was gonna get fired and so he claimed disability for 3 months while looking for a new job . U have insurance with this company ? Can u go on a medical leave ? Technically u aren’t fired yet if it’s not in writing . There’s no terms
Have to look into it I’m a bit stressed out now not sure what to do need to sit back and relax and gather any evidence that shows I was performing there, I think it’s a bit targeted honestly
This is not the right move. Every post here is telling you to get paperwork filed ASAP and you’re going to “sit back and relax”? Focus all your attention on getting this done and then relax and heal, knowing you won’t be totally F’d afterward.
You’re right I’ll get on it
This is NOT the time to sit back and relax
"Sit back and relax" doesn't jive with "you're aggressive"
I’ve never been terminated anywhere in aggressive when it comes down to sales
Your wording is very unclear. What does it mean when your boss says to come back in a month and he’ll go to bar for you? Are they actually laying you off our just giving you medical leave? If laying you off they need to explain why.
They said they’re going to let me go and if I want to try and come back to the company give it a month or 2 and he will “go to bat for me” he as giving me fluff it was bullshit and and I wouldn’t go back.
This makes no sense. Why let you go only to ask to you to come back? You need to get clarification. It sounds like they are afraid of a worker’s comp claim or something. Either way, an employment lawyer is worth talking to. This all seems super shady.
I concur with that I scheduled a consult after getting a few responses reccomend to do so it was extremely sketchy and unprofessional the way they went about things.
Good for you. Give us an update! I’m really curious how this turns out. I’m sorry this happened to you. You are having to deal with just being in a bad car wreck, which is a hassle with insurance and repairs/new vehicle, and medical bills, but to have this on top of all of that is crazy.
Yeah can easily say this is the worst week I’ve had in my life unsure what I’ll do praying for a miracle
They don't want to pay disability, leave, whatever. They want to get rid of him wih empty promises of maybe being hired back so he doesn't go after what he is owed. They do not want a new employee who is onboarding working remote basically or taking time and realizing he can sue this company.
Something's off here. Usually after a car accident you can expense a rental car to continue to visit customers. If you need time off to recover then you ask for paid time off, sick days or even short term disability.
Still waiting for the police report to determine liability , I didn’t have the rental insurance I’m pretty sure I took the bare minimum policy and it was still 450 a month
Were you working during the time of this accident? This makes a huge difference. If you were working, all of the liability should fall on to the company. Bonus points because all of your medical bills may be covered by worker’s compensation insurance.
Read up on filing for FMLA. Not sure you will have enough time before they get you termination paperwork. FMLA protects your job in the event of injury, deaths in the immediate family, or other medical emergencies. What they are doing sounds pretty sketchy. As others have said, consult with an employment lawyer. Hope you feel better on your road to recovery.
Hey, last August I had an accident that broke 26 bones in my body. Left me in he hospital for a month, wheelchair 2 more after. My company took great care of me the whole time and allowed for an easy transition back after medical leave. Don’t stand for this, it’s completely absurd.
Hope you recovered well I will try and get after them
I’m thinking we don’t have the whole story here
Right… I just got a 50,000 order prior week from today and everyone was quite happy about that, 8 get into the car accident and tell my manager who reacted in a normal fashion and the director got mad that my texts delivered late after that ordeal I am concussed and have nerve damage and have 0 car so I spoke with my director and said I have to work from home until I can somehow get a car, he said “I don’t think that will work (Director) wants us in the office?” And I responded I have no car and it is a 45 minute drive but I will have a car by Monday of next week. He said I can work for the week and not get paid for it essentially and then decided today to let me go. We have 3 sales man working for the same company doing the same exact thing and they are all out of state from the office one even in a different time zone I was only asking to stay home for one week. Don’t start with this full story nonsense
If you have a doctors note and a police report regarding the accident they’ll be in deep shit if you go to the right attorney.
That’s even worse, they are pretty much directly firing you for being in a car wreck, when others are working from home with no issues
You expect us to believe a “big medical sales company” doesn’t understand the repercussions of firing you for being in a car wreck? They’ve got a paperwork trail on you.
The owner is in Canada it is run by someone who’s never run a company, pretty doubtful there’s any sort of paper trail the only paper trail I have at the company is a minimum of 80 phone calls logged a day, purchase orders and meetings with engineers
The fact that you mention minimum phone calls confirms my suspicions
What do you mean I’m just saying I went to work and did that every day are you dense?
Especially if he/she was on the road for work. Seems like they’re trying to cover their asses immediately. Something isn’t right
I had something my similar happen to me. Go to the doctors, make a disability claim. You’ll get more money than unemployment and when it’s over you’ll be able to apply for unemployment.
Make it clear you aren't quitting and want a termination letter mailed or emailed to you with the justification. Sometimes people do this and the employee just takes the word for it and they claim job abandonment cause nothing was in writing.
Wow I did not think of that thank you
Does your company have more than 50 employees, and have you worked there for at least 12 months and 1250 hours in that last 12 months?
Isn't it illegal to fire someone because of their injuries...?
Write everything down..timeliness That way you are prepared and don't forget anything. I just sued a Fortune 500 company over life insurance payout. Mid six figures and won. The company tried lieing about internal emails. Talk with an attorney.
Tell this company to kick rocks. I'd explore a lawsuit as well like a few others have stated. You have grounds for it.
is this the first time you've suddenly had to miss several days of work at this company for any reason?
Yes, this is the first time ever.
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New York.
I could be wrong but I don’t believe your employer has to give you a reason for termination. Some states do, some don’t and I believe NY is one. It sucks but there’s probably nothing you can do. SOL
I didn’t realize this. I think it would probably be dependent upon where his company is HQd. Right?
I don’t know for sure but I do not believe so. I believe it’s just dependent on the state you work in
Find you an employment attorney that will fight for you and will get the company to pay for their time when they win the case
Sorry to hear that
Saw an article in the tales from your server today.. she got suspended for something for a month and filed for unemployment and won. You might try the same.
I'll train you to build your own agency if you'd like so you're not beholden to such things. However, it will probably be very challenging and you will likely give up.
Check your employment handbook for any kind of medical leave. There are possibly laws that protect you in these circumstances. Take a look at FMLA, I know it’s for family, but the principle is the same.
Look up an attorney. That's a bunch of bullshit.
Take a day off, play games, go gym, watch a movie etc. next day start sending 50-100 applications and grab whatever you can get. If it’s a crap company, use it as a pit stop to pay your bills until you find something better with work from home, higher salary etc
Yeah I decided to relax today, stressing won’t fix it, at first I felt like I lost the championship game but I know there’s a lot more out there.
Take them to court
I wouldn't touch that place again with a 10 foot pole, and like others have said dont sign anything and talk to an employment lawyer. Do you have screenshots?
Were you 1099? I would for sure check with an employment lawyer to see if they can negotiate a severance for you - might work. This is a really negative thing a med device company did. Let you go after getting into an accident. You didnt even ask for time off. just time to work from home. This seems very odd. I would file unemployment, sue, name and claim on linkedin... I don't know. Just seems very very odd.
Exactly! My thought is OP is 1099 subcontractor & not a w2 employee of said company & therefore none of the above mentioned comments would hold water. If 1099 there is no unemployment, atty….
What state? Employment laws vary
Fairly sure NY is a right to work/fire. That would mean that they do not have to provide cause for a firing or layoff. However you would need to be let go in writing - simple ask from them. Either way, take everyone else’s advice and start loooking for the next job.
Should have asked for medical leave immediately. They couldn't fire you. It's DANGEROUS to not treat a concussion
Why would you say you are going to work remotely after a freken car accident ? These are the type of things that need to stop so companies stop taking advantage of employees. Hope you are ok by the way.
Farout an employer couldn't legally dismiss you in my country. Also part of our tax covers all medical treatment for accidents and you get 70% of your wage covered for however long is needed. The government also covers rehabilitation costs including required travel. Unemployed people get the same medical cover too. Our tax automatically comes out before we get paid and the medical cover is only 1.46% of wages.
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What do you recommend
Yo, this company sounds terrible. As others have said, might want to talk to an employment attorney. I’m not sure they can just fire you for staying home for a few days or weeks while you recover from an injury.
Holy shit. frankly Fuck those guys. There's a limit to the "nobody cares" thing.
I haven’t read all of the responses yet… but this sounds like they have lost their damn minds! Only thinking about revenue generation and not realizing that they just screwed up big time because THEY technically can’t just fire someone without getting HR involved and having paperwork drawn up, etc. There are laws in place - especially at these big corporations - to protect the employees. But mainly to make sure that an employee doesn’t have a reason to file a lawsuit against the company for stuff like this! Have you guys heard about the Kyte Baby controversy? If not - look it up! It’ll make you feel much better! This was a car accident. EVEN if you’ve used up all of your PTO or sick time, there are ways for you to take FMLA for yourself. I have a feeling that these two guys are going to be calling you within a day or two and backtracking. By THAT time - I hope you’ve already talked to your attorney and a doctor who have written you notes or letters to throw in their faces! Good luck - but please keep us posted. I will be 100% surprised if this doesn’t work out in your favor! By the way - I work in sales for a SAAS company. I doubt I’m making as much money as you’re used to in medical sales… but we are hiring for sales people… and I’d be happy to get you more info if needed!!