Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2013
    Posts
    2

    Thumbs down Employer Made Accommodations then Fired Me While on Workers Comp

    I was hurt back in 2003 had 2 surgeries came back in 2005 my employer made, accommodations for my work restrictions 2 years after I got hurt again or re injured my self went out for another surgery 2010 came back to the same employer working my tail off for 6 months then he said my work restrictions were interfering in my job and he fired me is it legal?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,950

    Default Re: Employer Made Accommodations then Fired Me While on WC

    There is no job protection in filing a WC claim.
    yes, you can generally be terminated without cause in any "at will" employment state.
    If you had restrictions 6mos ago when you were released, your ER should have addressed those at the time you returned to work, and, you should not have returned to the same preinjury job function.

    Talk to your attorney.

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: Employer Made Accommodations then Fired Me While on WC

    when I came back in 2003 I was 10 percent whole body impairment isn't that considered partially disabled and can they still fired me!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,950

    Default Re: Employer Made Accommodations then Fired Me While on WC

    I was hurt back in 2003 had 2 surgeries came back in 2005 my employer made, accommodations for my work restrictions
    Ok, but you said when I came back in 2003 I was 10 percent whole body impairment so your ER made those accommodation for alternative work.

    2 years after I got hurt again or re injured my self went out for another surgery 2010 came back to the same employer
    Did your ER make reasonable accommodation to your return to work this time? If you have restrictions, you should not return to the -same job function.
    working my tail off for 6 months then he said my work restrictions were interfering in my job and he fired me is it legal?
    Unless you are part of a protected group under ADA/EEOC, and I don't know that you are from the info provided here... you can be terminated without cause.
    Have you requested reasonable accommodation under ADA? Your ER is not required to offer this, you must request it.
    More info on ADA is here http://www.eeoc.gov/facts/fs-ada.html
    Just because you are partially disabled does not mean you cannot be terminated.
    File for UI benefits with the state.

Similar Threads

  1. Replies: 11
    Last Post: 04-09-2010, 08:34 PM
  2. Replies: 9
    Last Post: 05-05-2009, 04:32 PM
  3. My Employer Has Made Me Come Back Part Time.treating Me Badly
    By runsfrombullets in forum Legal Issues
    Replies: 13
    Last Post: 11-21-2008, 06:48 PM
  4. Replies: 3
    Last Post: 10-02-2007, 10:43 AM
  5. Workers Comp Lawyer Made Serious Mistakes
    By netmouser in forum New York
    Replies: 5
    Last Post: 02-25-2006, 09:54 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer