You have enough on your plate when recovering from a work injury without having to worry about receiving a pink slip from your employer. Is your company even legally allowed to fire you while you are away collecting workers’ compensation, or would doing so be grounds for a discrimination lawsuit? In today’s blog, we dive into the legalities of firing an employee who is collecting workers’ compensation.
Can My Employer Fire Me While I’m On Work Comp?
We typically answer this question in this manner. Yes, your employer is legally allowed to fire you while you are collecting workers’ compensation, but they are not allowed to fire you because you’re collecting workers’ compensation. In other words, they need to prove that you termination that occurs while you are collecting workers’ compensation is completely unrelated to your injuries.
Let’s take a look at some examples of situations where an employer could legally terminate an employee who has been injured and is currently away collecting workers’ compensation benefits:
- The employee has a history of poor performance or insubordination, and the company can prove that the termination process was already moving forward prior to the injury.
- Larger layoffs are occurring, and based on the scope of these layoffs, the company can make a reasonable argument that the injured employee would have been included in these layoffs regardless of their injury status.
- The injuries are so severe that the individual will be unable to return to their old position, and a move to a different position in the organization is unreasonable.
These are just a few different examples, and this certainly isn’t a comprehensive list. If your employer can make a reasonable argument as to why they opted to terminate your employment that is not tied to your injury or your decision to pursue workers’ compensation, then they may be able to legally fire you.
Of course, your employer isn’t going to make it obvious that they are firing you in part because of your injury. That would open them up to additional lawsuits. They will try to frame your termination in a legal manner, but if you believe that they are acting unjustly or have reason to believe that your termination is tied to your injury and workers’ compensation claim, it is imperative that you connect with a workers’ compensation lawyer.
The team at Hey Workers have helped a number of individuals collect their original claim and earn additional compensation as a result of a wrongful termination claim, and we’d be more than happy to help you in your time of need. Don’t let your employer take advantage of your situation or terminate your employment because they are dissatisfied that you moved forward with an injury claim. You have rights, and you need to invoke those rights if you are treated unfairly.
If you want assistance winning your original injury claim, or you want to talk with a lawyer to see if you may have grounds for a wrongful termination lawsuit, pick up the phone and contact the team at Hey Workers today at (844) 439-9675.
