Re: Getting Fired/Laid-Off 2 Weeks After Injury Occurred
You must post the statute you're referencing when making statements of fact.
That statute compliments the Employment-at-will Doctrine, it protects the employer more than the employee.
You'll never force an employer to employ you against their will - especially in Wisconsin.
I don't find that exact language in the statute, there's a little more to it than that.
It says all I have to show that I was employed at the time of injury and let go by them.
That the burden shifts onto them to show reasonable cause.
The burden is on you to prove that "suitable employment is available within the employee’s physical and mental limitations," and that you have seniority.
Good luck with that one.
It also says "the continuance in business of the employer shall be considered" meaning the interest of the employer comes first - they'll claim it's too costly to accommodate your restrictions.
As far as discrimination, that too will be next to impossible to prove and only the department can initiate a discrimination action - you know that ain't gonna happen.
Trust me, these guys have all the bases covered, you live in a state that's hostile to injured workers - they'll never rule against the employer.
Here's the statute with the relevant statements highlighted.
2)Any employer, or duly authorized agent thereof, who,without reasonable cause, refuses to rehire an employee injured in the course of employment, or who, because of a claim or attempt to claim compensation benefits from such employer, discrimi-nates or threatens to discriminate against an employee as to the employee’s employment, shall forfeit to the state not less than $50 nor more than $500 for each offense.
No action under this subsec-tion may be commenced except upon request of the department.
(3)Any employer who without reasonable cause refuses to rehire an employee who is injured in the course of employment, when suitable employment is available within the employee’s physical and mental limitations, upon order of the department or the division, has exclusive liability to pay to the employee, in addi-tion to other benefits, the wages lost during the period of such refusal, not exceeding one year’s wages. In determining the avail-ability of suitable employment the continuance in business of the employer shall be considered and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall govern.
The opinions expressed in this forum are general and not meant to replace legal representation.
You need to consult a lawyer if you're looking for a definite answer to any issue with your claim.
Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.