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  1. #1
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Can You Be Fired After Returning to Work

    My workers compensation claim was made in the State of:kansas

    what happens if you've been hurt at work then were off work for a while and then you reached your mmi and went back to work with a few restrictions, then you started working again, and then lets say after you have been back to work for oh i dont know lets just say 3 weeks, you get fired "because the boss didnt like you" Kansas is a "[B]AT WILL WORK STATE[B]" in other words they can fire you because they dont like the clothes you wear or so stupid thing like that.

    but the fact that you just came back from an injury and then they just up and fire you a couple of weeks later do you have any way to fight it, since you arent trained in anything else and thats the only work that you can do restrictions or not. i know that this might not make alot of sense but i think you get the jest of what im trying to say.

    if i need to explain some more please let me know, but all im saying is that if you go back to work and then in a couple of weeks after you go back and are fired for no good reason, do you have any recourse on them,(maybe thinking they fired you because of the accident) but they make up some stupid thing to get rid of you and then you are out of work again
    Last edited by candyman03011; 08-10-2008 at 02:03 PM. Reason: hit the wrong button before gettting everything typed

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Can You Be Fired After Returning to Work

    What you are trying to present is understood...
    All situations are diffierent, if only due to the fact they happen to different people..

    You're right in an ''at will'' work environment the ER doesn't have to give a reason other than a ''business decision''..an EE may be let go..as long as all EE's are treated in the same manner...there isn't much recourse here...

    Although the answer ''we treat all IW's with termination once they RTW...'' would not be the answer the ER should be offering..

    IF you actually feel there is discrimination due to a perceived disability, you can file the complaint with EEOC and they will investigate the situation you claim...

    It's one thing that the ER is mandated to engage in the 'interactive process' to bring an IW back to work, but then another regarding how the EE/ER interact once the EE/IW returns to the job and how other factors may be at issue...

    It's not unusual for ER's to perceive a liability in an EE that has suffered a work related injury...the potential for reinjury, or aggrecation to the org injury is pretty high in the eyes of the ER...many/most ER's simply don't understand how the system actually works..while they are liable for additional treatment, there may or may not be further PD due to the injury...

    The biggest issue with ER's is the increase in the WC policy premiums they are faced with... the exposure to additional injury is high... is it 'fair'...NO.. is it understandable...probably. Is it 'legal'...yes, unfortunately.

    If you truly feel that you have suffered discrimination at the hands of your ER..you should definately file the complaint with the EEOC and/or your state labor dept.
    Let them investigate the situation, if there is reasonable cause, they'll issue a ''letter to sue'' meaning you have a basis for legal action.
    In many instances, the appropriate state agency will assist you with legal action against the ER...

  3. #3
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Can You Be Fired After Returning to Work

    Candy, the EEOC and other Agencies that handle these type of situations/complaints, will alsolook at the time-frame involved!

    The EEOC, etc., has heard "every excuse in the book" from Employers, who will adamantly DENY that their conduct against the IW had anything to do with that employee's "perceived impairment"/disability, particularly when the employee previously had a pretty good history with the company,worked there for a long time, and had many positive performance evaluations before their injury!

    The EEOC will also examine how the Employer treats OTHER Employees, who have not filed a WC claim, but have been off work for extended periods of times due to an illness, etc....do these ALSO get terminated by the Employer when they return back to work? Or, are they allowed to remain employed, even though they have had ROTTEN, or "marginal" performance evaluations prior to their illness?

    There are many, many factors that the EEOC/ADA and State Agencies who investigate disability discrimination complaints consider!

    BUT, if you do NOT contact the EEOC, etc, explain your particular circumstance surrounding your termination, ASAP, then you might be losing your right to file a complaint against your Employer and have the EEOC and other Agencies conduct an investigation!

    There are very strict deadlines that apply in order to file a complaint, Candy!!!!

    PLUS, the more time that goes by, other co-workers who could have given the EEOC the information/"dirt" they need to prove that your Employer IS potentially practicing discrimination, the harder it might be for the Agencies to track these people down if they QUIT, or they themselves were terminated due to DISCRIMINATION!

  4. #4
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Can You Be Fired After Returning to Work

    wow, ok well that explains that. i just didnt know what to do if and when that happens. ive just read to many horror stories of people being fired after returning to work after an injury and after working a few weeks, end up getting fired.

    so that was really weighing on my mind and i wanted to know what to do just in case. thanks again

  5. #5
    Join Date
    Aug 2008
    Posts
    1

    Default Re: Can You Be Fired After Returning to Work

    No,one can not fire after returning to work as they are the senior most employees in the organitation who worked for the organisation for a long period.so they can consider the employees.
    ================================================== =======
    james


    Arizona Drug Treatment

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