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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default Can My Employer Fire Me Before Iam Released to Go Back to Work

    I was injured in a MVA in july of this year I have been off work since I was told by my attorny that we should go ahead and try to settle with my boss who had no workmans comp at the time of my accident, because my attorny fears my boss will file for bankruptcy so i agreed to go ahead I have not sign no papers yet still waiting on the judge to sign off on it. I still have not been released to go back to work yet. I go in today to talk to doctor to see if I can go back to work or not. My attorny told me to contact my boss about returning to work after i get released from doctor. My boss will not return my calls i have tryed several times to contact him he even answered his phone but before anything was said he hung up.. Can my boss fire me??? I thought it was the law that he had to let me return to work when i was released. What can I do iam so lost and confussed I talked to my attorny 2 days ago about this matter and not yet heard back from her.. What are my rights? Does my boss have to allow me to return to work??

  2. #2
    Join Date
    Oct 2009
    Location
    tennessee
    Posts
    15

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work


    beleive me they can do anything they want. i was fired because they could not accomadate my restrictions. it is hard but try to keep your head up...i hope you trust your attorney, if not i would get another. i had to fired my first attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work

    Unless you can show/prove there is discrimination due to a disability...or filing the comp claim, the answer is 'yes', you can be terminated. Filing a claim for WC benefits dose not provide job protection.

  4. #4
    Join Date
    Aug 2008
    Location
    west side
    Posts
    237

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work

    Quote Quoting BvIA View Post
    Unless you can show/prove there is discrimination due to a disability...or filing the comp claim, the answer is 'yes', you can be terminated. Filing a claim for WC benefits dose not provide job protection.


    And the big companys cover there ass so it doen't look like a case of discrimination

  5. #5
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work

    http://www.workerscompensationinsura...ad.php?t=33769

    There are state and federal laws that may protect your job. I don't know what state you are from, however a portion of the link above covers some federal laws that may protect you.


    I would wait to see what restrictions your doctor gives you and returns you to work. I recommend sending your employer a copy of those restrictions, and state you wish to begin the interactive process to return to work. I would send this letter certified mail, return receipt. Keep a copy of the letter, and the receipt from who signed for it.

    Good luck.

  6. #6
    Join Date
    Mar 2008
    Posts
    21

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work

    read what your job states in there rules about being on w/c. MIne was 2 yrs and than they had the right to terminate me.

  7. #7
    Join Date
    Oct 1971
    Posts
    3,537

    Default Re: Can My Employer Fire Me Before Iam Released to Go Back to Work

    Let em fire ya.
    If for any reason, an employer fails to accommodate your restrictions, you're are eligible for wage loss payments from comp.
    If you still have any restrictions, your wage loss payments should be reinstated, if not, consult an attorney pronto.

    Also you have certain protections under the A.D.A (American Disabilities Act)

    The Convergence of Workers’ Compensation Statutes and the ADA:
    The purpose of workers' compensation statutes is to provide a mechanism for
    securing prompt and fair settlement of employees' claims against employers for
    occupational injury and illness. The purpose of the ADA is to prohibit employers
    from discriminating against qualified individuals because of disability in all aspects
    of employment. On first blush, they appear to be two completely different statutes.
    But in fact, the two converge when the work related injury is serious enough to
    constitute a “covered disability” under the ADA.

    http://www.bhfs.com/portalresource/l...02/pdfCopy.pdf


    According to a recent Americans with Disabilities Act case from the U.S. Sixth Circuit Court of Appeals, a failure to accommodate an employee's disability may result in a constructive discharge and expose the employer to the same kind of liability it would face had it terminated an employee because of a disability.
    http://www.worldofworklawblog.com/20...ive-discharge/

    The most conscientious employer can trip up when it comes to combining their state’s workers’ compensation law with the Americans with Disabilities Act (ADA) law and the Family and Medical Leave Act (FMLA) law. Unintentional and inadvertent violations of one of the laws can occur when the employer is focusing on their state’s workers’ compensation requirements or on ADA or on FMLA, and not considering the other two laws and how they relate and overlap.
    http://blog.reduceyourworkerscomp.co...#axzz0bZ5vhg9c

    6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
    Posted by Margaret Spence on October 5, 2009
    http://margaretspence.com/tag/ada-an...-compensation/

    I could go on all day...

    Check out to the A.D.A website
    http://www.ada.gov/
    and
    The U.S. Equal Employment Opportunity Commission (EEOC)
    http://www.eeoc.gov/eeoc/


    Tony
    Last edited by tony; 01-02-2010 at 07:18 PM.
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    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
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