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.
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.
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.
6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
Posted by Margaret Spence on October 5, 2009
I could go on all day...
Check out to the A.D.A website
The U.S. Equal Employment Opportunity Commission (EEOC)
Last edited by tony; 01-02-2010 at 08:18 PM.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.