Can a Job Fire You While on Workers’ Compensation?
It is a scary and daunting question whether or not an employer can or will fire you while on workers’ compensation. The answer to this question can depend on your individual situation, the laws of your state, and any workplace policies and procedures.
Rights of the Employer
The law allows an employer the right to terminate employees for many reasons, including inadequate performance, not meeting job requirements, disciplinary issues, or for certain economic and business decisions. This can include measures such as layoffs and job restructuring.
Legal Right to Terminate
Your employer’s decision to terminate you or not could be within the law, but could also be considered discrimination if they take action against you due to you filing a workers comp claim. In these cases, you may be able to identify and prove discriminatory practices occurred. To successfully prove discrimination, you must have evidence to prove it.
Protection against Termination
The best way to ensure against your employer’s termination while on workers’ comp is to stay in contact and actively keep them updated regarding your recovery and ability to return to work. Additionally, you can take steps to inform your employer when you are cleared to return to work.
Rights of the Employee
- You have the right to file a workers’ comp claim without fear of retribution from your employer.
- You also have the right to work in a safe and secure work environment.
- You should not be discriminated against or wrongfully terminated due to the filing of a workers’ comp claim.
If you feel that you have been fired for retaliatory or discriminatory reasons, it is important you consult a legal professional to preserve and protect your rights.