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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Terminated While on Workers Comp?

    My workers compensation claim was made in the State of: Hawaii.
    I was notified by email that had 60 days to roll over or withdraw my 401k
    since my employment staus was terminated. I did not think that i could be terminated while actively still be treated for a work injury??????? Any help would be great. thanks for looking in on my problem.
    Aloha

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Terminated While on Workers Comp?

    Having a work comp claim does not give a worker imunity from termination.
    If your employment is covered by fmla you have 12 weeks of job protection
    Last edited by .SH; 10-23-2008 at 07:16 PM.

  3. #3
    Join Date
    Sep 2008
    Posts
    168

    Default Re: Terminated While on Workers Comp?

    Having a work comp claim does not give a worker imunity from termination but they will fire you because of it and use another way to word it (in many cases)......I was fired because my sales were not up to snuff....even though I had a "devistated" sales route at three times the figures it was previously doing. I was let go because my sales were down.....lol....I guess they were ....when you own the company you can say whatever you want...Just one week prior to my no fault car accident my boss said I was doing great and he wanted to put me on a straight salary.....that would have doubled my income.




    The new rep has had the route for 8 months now and has yet to double it from the old figures. I guess if he has a wreck hes a gonner because of bad sales.

    Old guy........$8,000mo.
    My sales........$31,000mo.
    New guy........$12,000 last mo.

    not to mention I was just getting started. So its not for any other reason than to retaliate.....proving it is next to impossible considering the victim is also injured and without pay more than likely.

    rper1.....Im sorry you have to deal with this but is the truth.....Im sure you can read endless links on what you can do about it but the fact is......your wasting alot of time.....the laws are to protect the ones footing the bill

  4. #4
    Join Date
    Sep 2008
    Location
    Moody, AL
    Posts
    5

    Default Re: Terminated While on Workers Comp?

    rper1 - are you saying that you were terminated without your knowledge? Please call your boss, tell him you received some email telling you to cash out your 401k, which is ridiculous, because you are still an active employee and you cannot be terminated without your boss telling you, even if it is just over the phone. Not letting you know that you were fired is just mean and manipulative, regardless if you have a wc claim or not.
    Good Luck!

  5. #5
    Join Date
    May 2007
    Posts
    170

    Default Re: Terminated While on Workers Comp?

    In most states you can not be terminated due to a filing a comp. claim, especially if your PTP has not released you. If you have been found MMI and your PTP had released you with restrictions, your ER will be asked to accomdate your restrictions and to find a postion that you can do. But can terminate you if their isnt a postion they can give you witout causing undo hardship to the ER. If then nothing can be found, they have every legal right to "let you go" and fill your job. Call your ER and see what they tell you. I think they have to ingage in what is called interactive process regarding continued employment. good Luck

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