fired or something
- Thread Starter birneyboy
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cbg
Super Moderator
Yes. That is exactly what she is telling you.
While you cannot be fired BECAUSE you filed a workers comp claim, you CAN be fired because you are unavailable to work EVEN IF the injury was a workers comp claim. In this instance, the ONLY law that would have protected you from being let go was FMLA. If FMLA did not apply, they could have fired you more or less immediately. If FMLA did apply, they only had to hold your job for the equivalent of 12 weeks. Since they held it much longer than that, you can legally be let go, regardless of FMLA, regardless of w/c, if you are still unable to return to full duty.
No employer in any state is required by law to hold an employee's job or keep them on light duty indefinitely. Eventually, the law is going to allow the employer to cut the employee loose. Yours kept you on longer than required by law.
While you cannot be fired BECAUSE you filed a workers comp claim, you CAN be fired because you are unavailable to work EVEN IF the injury was a workers comp claim. In this instance, the ONLY law that would have protected you from being let go was FMLA. If FMLA did not apply, they could have fired you more or less immediately. If FMLA did apply, they only had to hold your job for the equivalent of 12 weeks. Since they held it much longer than that, you can legally be let go, regardless of FMLA, regardless of w/c, if you are still unable to return to full duty.
No employer in any state is required by law to hold an employee's job or keep them on light duty indefinitely. Eventually, the law is going to allow the employer to cut the employee loose. Yours kept you on longer than required by law.
well i disagree with u cause only work i missed was due to the injury i got at work /and the days i missed was 4 therapy// and i wasnt going to spend three hours on the road getting back and forth because of the meds i was taking. the job we done required travling it wasnt in 1 place
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cbg
Super Moderator
It doesn't matter what it was for. The law does not say that you can have unlimited time off and/or light duty as long as it's intermittant.
But hey, you're free to pay a lawyer to tell you the same thing.
I'm done here.
But hey, you're free to pay a lawyer to tell you the same thing.
I'm done here.
Patricia_Young
New Member
You can disagree with me all you like; what I've given you is the law. You want to pay an attorney to tell you the same thing, be my guest.
I'm done here, also.
I'm done here, also.
Ineedtoknow
New Member
Patricia Young and cbg :
Kudo's to both of you for your diligence in attempting to provide useful information on such a vague request for guidance.
:cheer:
INTK
Kudo's to both of you for your diligence in attempting to provide useful information on such a vague request for guidance.
:cheer:
INTK
Patricia_Young
New Member
Wasn't easy. 
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