Q: Is “date of last incident” the last day I worked or is it the last date of misconduct?
I was terminated for misconduct after I returned with doctors note for modified duty. The reason they gave me was that i did not follow procedure from a month prior to my injury.
I received my report today and I found the seperation papers. On the file it says I was terminated misconduct. It also list the date of last incident as the same day as the day I was terminated.
Are they saying that was the date that I didn’t follow company procedure? I always wondered why they had paid me for two days of work. Do I have any legal recourse?
A: If you have a valid workers compensation claim, and you were on modified duty when you were terminated, AND the employer was unable to provide modified work that fit your limitations, then yes you have a 132a discrimination claim before the Workers Comp Appeals Board. Within the 132a you can argue the merits, or lack thereof, of the termination proceedings. The date of the incident is the date used for a 132a, and the statute of limitations for filing a claim is one year from the event.
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