I injured myself on the job and was given light duty restrictions. Shortly after, I was terminated. The company said the reason I was terminated was “separate” from my workplace injury. My question is how is it possible to separate the two incidents to avoid me being wrongfully terminated because I was terminated after I was injured?
Posted 07-24-2012
Ann Kiernan replies:
Of course, it is illegal to fire someone because she got hurt on the job and is using workers’ compensation benefits. But, just because you were fired after your injury does not mean you were fired because of it. For instance, if you were insubordinate, or sleeping on the job, or stealing, that would be a legitimate, non-retaliatory reason for termination. Similarly, if the employer has financial trouble, laying off workers based on seniority, and you are a recent hire, that would be a legitimate, non-retaliatory reason for termination.
You may want to consult with a local workers’ compensation attorney to learn more about your rights. Good luck.
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