# 14 Years and Nothing



## chilerelleno (Sep 13, 2022)

So last September I hurt my shoulder at work, had surgery mid February and in mid Aug the orthopedist said he done everything he could and I'd healed/recovered as much as possible.
I have physical restrictions which preclude me going back to my original job, and they can't/won't accommodate me for continued employment.
So after 14 years of Very Good/Excellent performance reviews and working my ass of for this company I'm SOL.
"BYE!"  and "Sayanara Sucker!"
Consulted a lawyer today and am gonna sue them for a settlement on the workers comp claim, which I wasn't going to do before they screwed me.
Time to look at unemployment and go job hunting at 54 years old.

Tough times/age to be doing this again.
Time to tighten up.

Feeling pretty low right now.


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## normanaj (Sep 13, 2022)

Hang in there brother. Went through that $h!t 10 years ago after 18 years with a company,I was 44 at the time.


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## crazzycajun (Sep 13, 2022)

That’s some crap not sure what your occupation was, but I would look to possibly teaching or something similar as to not tear up your body anymore. Good luck on the job search


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## TNJAKE (Sep 13, 2022)

Sorry to hear bud and I feel your pain. Became disabled at the age of 25 from injuries sustained in Iraq. Hard to wrap your mind around as a young fella and you certainly still fit into that category. I hope you get what you deserve from your former pos employer. Sad when you acted as an honorable employee for them for so many years. Hope you find something you will enjoy doing!


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## GonnaSmoke (Sep 13, 2022)

Stand fast and tall my friend, you will come out of this in a much better place...


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## MJB05615 (Sep 13, 2022)

Like said above, hang in there.  This past April, my Wife lost her job after 22 years!  They really screwed her, not in a good way, lol.  She just turned 60, so we were worried.  She went on interviews and got hired by 3 Companies within a week.  So keep the faith my friend.  I am sure you're very qualified for whatever you were doing, and I like the suggestion from Norman above that you can look into a supervisory position.  Keep us posted.


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## bill1 (Sep 13, 2022)

You're a sharp guy Chilerelleno. You're going to land on your feet, better than ever.  I'll bet on it.  Your job now is to find a better job and a better employer.  

This is a good time to be looking My Friend.  Inflation is a p.i.t.a. at the grocery store or gas pump, but it's a sign there's a lot of job movement and promotions happening...this will work to your benefit regardless of your skills, training/education, or experience.  

And don't be surprised if your MD is pessimistically wrong.  Shoulder recovery takes years...one of mine was pushing 8 years before I realized the pain was finally gone.  Granted I never had one surgically sewn, stapled, or screwed, but I doubt the recovery/healing time is an order of magnitude different.  

So I wouldn't be surprised if the orthopedist "gave up" on you after 6 months just because that's all the coverage your medical plan funded.  Keep working it in the directions that don't hurt too much and don't be surprised if it's not better in a year.  And every year thereafter.  

I'm pulling for you!


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## indaswamp (Sep 13, 2022)

Damn Chili, that sucks. You'll end up on your feet though....this too shall pass.


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## indaswamp (Sep 13, 2022)

bill hit send same time I did...LOL!


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## Brokenhandle (Sep 13, 2022)

Hang in there Chili! Sadly this is usually what happens to some of the best employees around.  If you ever need anything just holler! 

Ryan


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## Hijack73 (Sep 13, 2022)

It's hard AF to have to do that, but you WILL succeed.  

Keep in mind, companies are starting to get used to the fact (no longer an idea) that they are going to have to give a little more to get quality people in and to stay.  You might be able to negotiate a little extra vacay time or a couple of extra grand during the hiring process.  All they can do is say no. 

the acoughalypse put me out of a 17 year job, and I'm happier now at this place (by a lot) than I was at the old place.  Sometimes the grass is greener.


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## SmokinVOLfan (Sep 13, 2022)

Sorry to hear that Chile. Sue the hell out of them and take em for every penny you can. Lots of jobs out there right now. A lot of remote jobs as well so no worries you will land on your feet and hopefully in an even better situation!


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## Bearcarver (Sep 13, 2022)

Hang in there, Chile!!
You can doit!!
They'll be fighting over you soon!

Bear


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## 912smoker (Sep 13, 2022)

Tough news but you are also tough Chile!
I've got 33 yrs in next month but sadly and just an employee number.
You will bounce back with a better opportunity in no time ! And a nice severance package will give you some breathing room!

Keith


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## mr_whipple (Sep 13, 2022)

We've never met and probably never will. I enjoy reading here and occasionally contributing. 24 year vet..Stay strong. That and if I wasn't trying to keep weight off, the raspberry dark chocolate mousse post you made was to say the least killer and something to be reckoned with.


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## Bearcarver (Sep 13, 2022)

BTW: One thing I forgot to mention:
After 20 years at Bethlehem Steel Corp, I learned the following:
*"There is No Such Thing as Corporate Conscience"*

Bear


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## jcam222 (Sep 13, 2022)

chilerelleno said:


> So last September I hurt my shoulder at work, had surgery mid February and in mid Aug the orthopedist said he done everything he could and I'd healed/recovered as much as possible.
> I have physical restrictions which preclude me going back to my original job, and they can't/won't accommodate me for continued employment.
> So after 14 years of Very Good/Excellent performance reviews and working my ass of for this company I'm SOL.
> "BYE!"  and "Sayanara Sucker!"
> ...


Damn man sorry to hear this. Job market is pretty healthy now overall. Many folks desperate for good people.


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## SmokinEdge (Sep 13, 2022)

Sorry to hear you are having trouble John, but things will get better, and you should have some wiggle room in that comp claim rightfully so. You Chile understand culinary on an upper level. Have you ever considered doing something for yourself? You would have some incredible food to sell and customers would line up for it. I know I would.


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## tbern (Sep 13, 2022)

Sorry to hear about your bad news! Hopefully things turn better for you quickly!!


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## TH-n-PA (Sep 13, 2022)

You got this, bro!


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## chilerelleno (Sep 13, 2022)

Appreciate the consoling and heartening replies from everyone, this has been a rough year September to September so far.
Yeah, I'll get through, have to, but damned if it isn't going to hurt financially for awhile longer.
Already trying to find a place to fit in, maybe I'll end up having to make my own place, maybe not.
Whatever I do, I gotta do it fast.
No time to get rich off a cookbook, YouTube channel or open a restaurant.
Gonna burn all my vacation, maybe sell a few guns or some ammo or perhaps even one of my kids if they get on my frazzled nerves.


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## chilerelleno (Sep 13, 2022)

What sucks is I was fully expecting to go back to work in another position.


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## bigfurmn (Sep 13, 2022)

I’m thinking your area needs a fantastic new food truck or restaurant. Just tossing out an idea. Best of luck to you Chili.


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## Winterrider (Sep 13, 2022)

Dang, very sorry to hear that Chili. 14 yrs experience in your craft should be able to land you a pretty fair position with another company. Hoping for the very best and also on your recovery. 
PT or exercise program is essential to stick with. 4yrs since my back surgery and haven't missed a morning yet.


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## bill1 (Sep 13, 2022)

chilerelleno said:


> What sucks is I was fully expecting to go back to work in another position.


Interesting. Companies today don’t communicate internally very well. Don’t blame you for being mad at them now, but make a few phone calls to former colleagues and bosses and tell them you thought things were going to be cool and see what they say. You may get that other position after all. At least it buys you time to assess other options   

I got laid off once then hired back two weeks later “to another division”. Thing is, we’d combined those divisions 6 months before. But it was a way for the bosses to get me back without admitting they possibly made a mistake laying me off in the first place. I never really forgave them for that but it gave me over a year to get a much better job elsewhere.  It’s funny and painful at the same time.


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## JckDanls 07 (Sep 13, 2022)

bill1 said:


> You may get that other position after all.



Once you start a law suit you have to resign ( at least that's what my lawyer told me)...  In his case he has already been terminated ...


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## TNJAKE (Sep 13, 2022)

chilerelleno said:


> Appreciate the consoling and heartening replies from everyone, this has been a rough year September to September so far.
> Yeah, I'll get through, have to, but damned if it isn't going to hurt financially for awhile longer.
> Already trying to find a place to fit in, maybe I'll end up having to make my own place, maybe not.
> Whatever I do, I gotta do it fast.
> ...


I'd sell a kid before my guns or my jeep lol


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## masssmoke (Sep 13, 2022)

really sucks to hear that news.  I hope you find something that works for you and that your settlement is fair.  And I totally agree with the other  that based on your posts here you could start a restaurant/food truck that would be awesome!


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## Retired Spook (Sep 13, 2022)

chilerelleno said:


> So last September I hurt my shoulder at work, had surgery mid February and in mid Aug the orthopedist said he done everything he could and I'd healed/recovered as much as possible.
> I have physical restrictions which preclude me going back to my original job, and they can't/won't accommodate me for continued employment.
> So after 14 years of Very Good/Excellent performance reviews and working my ass of for this company I'm SOL.
> "BYE!"  and "Sayanara Sucker!"
> ...


I was sitting next to the top guy once in a conference room and he was talking about how "we were all a family"... So I said "so, you mean, if you don't need me anymore and push me out the door, you are going to bring me groceries and all that on Saturday, like we're family?"

It was dead nuts silent for a few seconds, then the old sob blew his top! It was hilarious!!! 

I just laughed my way back to my office - unfortunately for him at the time, he needed me...

Things will get better for you sir. Heck you'll probably wind up a 5-star chef somewhere doing what you actually love!

Prayers going your way.


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## Retired Spook (Sep 13, 2022)

You have the personality to succeed at anything you try, sir. You will rise from these ashes like a Phoenix. Trust me on this - you have the right stuff and you will make the right choices. Yes, I can tell, just from a smoking forum.


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## Brokenhandle (Sep 13, 2022)

Only advice I can give you is watch out if you become self employed , I am, and my boss is an ass! 
Other than that...yep, sell a kid! I hear 

 TNJAKE
  is down to only 2 at home and is getting lonely! 

Ryan


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## DRKsmoking (Sep 14, 2022)

Like others have said John, you have been given a lot of shitty curve balls lately, and I know it sucks and beats you down. But from what I have read from your posts since I have been on here is that you are very passionate about all that you do. 

I hope you get what you deserve from your last employer, and I was going to mention if you could work for yourself at something you really like to do than it is a win win.
I was going to say the same as Ryan  

 Brokenhandle
 , as My boss is a real shit head sometimes also, but I still get up everyday and put my boots on and get to work.

I know it is a hard and tough time for you right now. and You have to make a few changes , but you will get through this.

David


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## mike243 (Sep 14, 2022)

Prayers sent, corps don't care about anything other than the bottom line, hope something better comes along quickly


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## schlotz (Sep 14, 2022)

John, if the worker's comp. lawyer is good you'll hopefully get a reasonable settlement. The process does chew up some time though.  I'm betting you're going to land in a good place given the market conditions.  Keep your chin up, and go after it.  Many of us here are pulling for you.


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## HalfSmoked (Sep 14, 2022)

Man, tough break been there done that too out to pasture at age 50 was never able to return after 2 years was able to get SS. But we all know that's no money. Good luck hope it all works out for you.

Warren


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## BurntWeenie (Sep 14, 2022)

Take up arms?


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## JC in GB (Sep 14, 2022)

chilerelleno said:


> So last September I hurt my shoulder at work, had surgery mid February and in mid Aug the orthopedist said he done everything he could and I'd healed/recovered as much as possible.
> I have physical restrictions which preclude me going back to my original job, and they can't/won't accommodate me for continued employment.
> So after 14 years of Very Good/Excellent performance reviews and working my ass of for this company I'm SOL.
> "BYE!"  and "Sayanara Sucker!"
> ...



Best of luck to you in the courts.

JC


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## fltsfshr (Sep 14, 2022)

I wish you luck. 
Sometimes an end is actually a beginning. There's a lot of possibilities out there.


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## chilerelleno (Sep 14, 2022)

Yeah, it'll work out.
I just need to dig through the freezer and pull out something to smoke.
The potatoes i just posted helped me de-stress quite a bit.

I'm not officially terminated yet, I was told by a certain person over me that we've nothing for you at this time.
I'm in a legal limbo due to workers comp, WC cut me off after the Doctor's release and declaration of MMI.  
No money coming in now from either WC or my job(?).
Am I employed and receiving a salary or not dammit!

I've reached out to some contacts at corporate office and maybe something will come out of that.


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## sawhorseray (Sep 14, 2022)

I can feel your pain and anxiety John. I filed a WC claim after 33 years of being a union carpenter, I was done, back and shoulders. The insurance company will try to screw you at every opportunity. I strongly recommend having an attorney that specializes in workman's comp cases to be your advocate and ensure you are treated fairly. RAY









						Alabama Workers Compensation Lawyers & Law Firms
					

Find a local Alabama Workers Compensation lawyer near you. Make the right choice when contacting a AL Workers Compensation law firm by using our detailed profiles and client reviews.




					www.lawyers.com


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## hooked on smoke (Sep 14, 2022)

Sorry for your situation. As many have stated there is a pretty wide open market. It's difficult to find qualified employees let alone ones that actually want to come to work on a daily basis.
Hang tough, sending positive vibes your way.
Keep the faith.


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## chilerelleno (Sep 14, 2022)

sawhorseray said:


> I can feel your pain and anxiety John. I filed a WC claim after 33 years of being a union carpenter, I was done, back and shoulders. The insurance company will try to screw you at every opportunity. I strongly recommend having an attorney that specializes in workman's comp cases to be your advocate and ensure you are treated fairly. RAY
> 
> 
> 
> ...


Done consulted a lawyer and have the paperwork sitting here waiting for my signature.
I'm waiting to see what corporate says before I burn that bridge.
That's not how I like to do things, once it's done, it's done and no going back.


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## chopsaw (Sep 14, 2022)

chilerelleno said:


> Done consulted a lawyer and have the paperwork sitting here waiting for my signature.
> I'm waiting to see what corporate says before I burn that bridge.
> That's not how I like to do things, once it's done, it's done and no going back.


Yes , but either way what Ray is saying get a lawyer to make sure you get what you deserve . 
Even if you retain employment . It's not the same as suing them . 
Did they make an offer to close out the claim ? It's usually less than half what it's worth . 
It's all on a chart , or at least it used to be .


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## chilerelleno (Sep 14, 2022)

chopsaw said:


> Yes , but either way what Ray is saying get a lawyer to make sure you get what you deserve .
> Even if you retain employment . It's not the same as suing them .
> Did they make an offer to close out the claim ? It's usually less than half what it's worth .
> It's all on a chart , or at least it used to be .


All discussed in consultation, my wife and I had our questions researched and ready.


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## Buckeyedude (Sep 14, 2022)




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## chilerelleno (Sep 14, 2022)




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## bauchjw (Sep 14, 2022)

Oh man Chile, I’m so sorry to hear that. I have to agree with everyone. You have my prayers and there is no doubt you’ll bounce back better. Let us know if you do a food truck, I’ll road trip to try your food


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## GaryHibbert (Sep 14, 2022)

That really sucks John.  Seems lately that dedication and loyalty are just words to a lot of people.
If I recall correctly, you're a truck driver.  Is that right??  Not just asking out of curiosity.
Gary


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## indaswamp (Sep 14, 2022)

bauchjw said:


> Oh man Chile, I’m so sorry to hear that. I have to agree with everyone. You have my prayers and there is no doubt you’ll bounce back better. Let us know if you do a food truck, I’ll road trip to try your food


I'll meat you there! (see what I did there? LOL!)


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## chilerelleno (Sep 15, 2022)

GaryHibbert said:


> That really sucks John.  Seems lately that dedication and loyalty are just words to a lot of people.
> If I recall correctly, you're a truck driver.  Is that right??  Not just asking out of curiosity.
> Gary


Yes, I'm a dedicated regional route driver, basically it's irregular LTL to a core group of customers with the oddball customer here and there just to keep it from getting too boring.
A combination of Delivery Driver, Outside Sales and Customer Service Rep.
You have mostly to suck up to them, and sell or soothe them.
Take care of the issues for them or at least get the ball rolling for them.


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## bill1 (Sep 15, 2022)

JckDanls 07 said:


> Once you start a law suit you have to resign...


I don't disagree that once a case goes to court, you and your former employer have quite irreconcilable differences.  But if you've just been discussing a _potential _case with outside legal assistance, I'd rather consider that a _bargaining chip_ in negotiations with your on-the-way-to-be-former employer.  

Some organizations treat you decent just because they're run by decent folks.  Others need the _threat _of legal action to do the right thing.


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## crazymoon (Sep 15, 2022)

CR, I hope you stick up their #%^#@ ! Some companies just don't realize that employees are their best assets. :(


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## JLeonard (Sep 15, 2022)

bauchjw said:


> Oh man Chile, I’m so sorry to hear that. I have to agree with everyone. You have my prayers and there is no doubt you’ll bounce back better. Let us know if you do a food truck, I’ll road trip to try your food


Road trip heck! I'll pay premium shipping for him to send meals to my house!
Jim


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## bbqking01 (Sep 15, 2022)

Hang in there. There is a time and season for everything. I’m hoping you sue there socks off and retire early. Then you could buy the grill/cooker/bbq…etc you’ve always dreamed of. Don’t get down. Life can throw everyone curve balls. Good luck 
C
 Chileno


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## GaryHibbert (Sep 16, 2022)

chilerelleno said:


> Yes, I'm a dedicated regional route driver, basically it's irregular LTL to a core group of customers with the oddball customer here and there just to keep it from getting too boring.
> A combination of Delivery Driver, Outside Sales and Customer Service Rep.
> You have mostly to suck up to them, and sell or soothe them.
> Take care of the issues for them or at least get the ball rolling for them.


What I have to say has nothing to do with getting compensation for the disgusting actions of the company you worked for.
I'm assuming it's your inability to load and unload freight, due to your shoulder, that's the problem.  That said, if you want to continue as a truck driver, here's a suggestion.
Check out the gravel haul companies--specifically for a job pulling a belly dump trailer.
That is, without question, the easiest truck driving job out there--up here it's known an old man's job.  Unloading is just a matter slowing  down to a speed that will release the gravel to the required depth and simply flicking a switch--no strenuous labor involved loading or unloading.  This old man has been doing it for years.  And it pays great.
Just me saying.
Gary


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## chilerelleno (Sep 16, 2022)

To all those hoping I stick it to the the man and get rich off a settlement.
It just doesn't work that way with workers comp.

Neither I nor the lawyer will get rich as there are caps on everything put in place by law.
Not even if if was a quadriplegic for life.
Not unless there was a responsible third party involved in the accident/injury.
A third party could be sued for a large settlement.

But not in this case.
In a case like mine a lawyer is needed just get a fair and full settlement, otherwise the insurance companies just lowball and string you along.
Hopefully it'll pay off the personal bills I've had or will have to lay aside during this period of low to no income.


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## chilerelleno (Sep 16, 2022)

GaryHibbert said:


> What I have to say has nothing to do with getting compensation for the disgusting actions of the company you worked for.
> I'm assuming it's your inability to load and unload freight, due to your shoulder, that's the problem.  That said, if you want to continue as a truck driver, here's a suggestion.
> Check out the gravel haul companies--specifically for a job pulling a belly dump trailer.
> That is, without question, the easiest truck driving job out there--up here it's known an old man's job.  Unloading is just a matter slowing  down to a speed that will release the gravel to the required depth and simply flicking a switch--no strenuous labor involved loading or unloading.  This old man has been doing it for years.  And it pays great.
> ...


Yes'sir, already looking at dump trucks and trailers, and other no touch options in my area.  Even the ones that put me away from home a couple nights a week.

What I was hoping for from my company was to get put out to pasture at a salaried desk job or outside sale position.
I know the customers and have good relationships with them, I also know the products.
I could even afford to take a pay cut considering what my weekly over the road expenses were.

Supposed to get a call from corporate today...  Waiting.


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## SmokinAl (Sep 16, 2022)

THAT JUST PLAIN SUCKS!!!
Al


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## Retired Spook (Sep 16, 2022)

chilerelleno said:


> Yes'sir, already looking at dump trucks and trailers, and other no touch options in my area.  Even the ones that put me away from home a couple nights a week.
> 
> What I was hoping for from my company was to get put out to pasture at a salaried desk job or outside sale position.
> I know the customers and have good relationships with them, I also know the products.
> ...


I am praying that you get the outcome that is best for you, chile!

Sounds like you are making smart choices.


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## chilerelleno (Sep 16, 2022)

Spoke to corporate today.

They were not happy with the WC insurance company for cutting me off without talking to them or me.
For a complete lack of communication for three weeks despite corporate and I both calling and emailing.
Now get this...
WC said they overpaid me one week of indemity that they paid on Aug 30th, as they see it all benefits ended on the Aug 25th.
Corporate told them not to rescind the payment, and to charge it to corporate.
God bless them.

Corporate authorized and paid me a week's salary for now to help me with bills for what they felt was mismanagement by the insurance company regardless of what the law allows them to do.
***And that ^^^ money actually went into my bank this morning.***
And they authorized the payment of my last week of vacation time due to me per my request.

Encouraged me to consult and hire a lawyer for the WC settlement.
Told them I was signing the lawyer's papers online as we talked.

But unfortunately did say that at this time there simply is no position to put me into at my local branch.
I have to finalize termination of employment and other pertinent matters such as severance through my branch manager.

We all agreed that our 14 years together has been mutually beneficial.
That I'm not burning any bridges with them and they'll give me glowing employment recommendations.
I'm eligible for rehire if a position opens and would retain seniority if rehired.

While I'm not thrilled, it feels like half the weight on my shoulders has been lifted off.
Money is still an issue, but my course is clear now, I feel good about how I'm separating from my employer, no longer in limbo and the WC settlement lawsuit is now a go.
Meet again with my attorney on Monday for few things.
And then off to file for unemployment and start looking for a job.

Am I missing anything?


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## tbern (Sep 16, 2022)

A few positive things at least, hopefully it will now continue for you!


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## Retired Spook (Sep 16, 2022)

On to bigger and better things!


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## Winterrider (Sep 16, 2022)

Good luck Chili , your family here is all behind you. Any help needed let us know.


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## indaswamp (Sep 16, 2022)

Thanks for the update. Things usually work out.....best of luck to ya.


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## chilerelleno (Sep 26, 2022)

Finally getting some closure with my employer.
Lay Off paperwork being drawn up today or tomorrow, along with all the other stuff, e.g. COBRA benefits info and such.
This Friday I'll get fifty six hours of vacation time, eight hours paid holiday time and four weeks of severance pay.

This has been like pulling teeth, but slower, nothing has happened fast.
I swear they were waiting for me to quit or blow my top at someone.
If I'd quit or lost my cool with someone, read misconduct termination, I wouldn't be able to get unemployment or severance pay.

I had to mention a labor lawyer to move them along.
At this point I'm almost happy to be rid of them except for the workers comp settlement lawsuit.

Sure do wish us pawns had golden parachutes like the executives.


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## fltsfshr (Sep 26, 2022)

Chili I don't know you but it sounds like you've got it settled. It's time to turn and look ahead. The future is wide open. There's always something new and you have a lot of talents to expand on. Don't hesitate.


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## crazymoon (Sep 26, 2022)

CR, I'm glad to hear you're getting something from the SOB's. :(


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## JckDanls 07 (Sep 26, 2022)

Chile...  When I was on workers comp (crushed all 5 toes on right foot, amputated little toe)...  As long as I went to the Dr's once a year they (workers comp) were obligated to pay for any future services needed... Same with you ?


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## chilerelleno (Sep 26, 2022)

JckDanls 07 said:


> Chile...  When I was on workers comp (crushed all 5 toes on right foot, amputated little toe)...  As long as I went to the Dr's once a year they (workers comp) were obligated to pay for any future services needed... Same with you ?


They're liable for lifetime care of the shoulder unless I sign it away for an increase in settlement, or I was to incur another injury of the same shoulder.
They will always be looking to somehow get out of the lifetime care, and likely to drag their feet on approving and/or scheduling medical care.

My lawyer was straight as an arrow on this issue, he said I need to really think about it carefully.
Said we both stand to make a lot more settlement money if I sign it away, but if I need surgery again it could hurt bad financially if my health insurance refuses to cover it.


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