![]() You should conduct some investigation and determine if the circumstances point to unlawful firing. You may have been wrongfully terminated if you were fired while injured. To learn more about your rights after a workplace injury, contact our law firm. However, if there is a contract in place that guarantees that you will be employed for a certain amount of time or that you need ample notice or reason to be terminated, your employer could be held accountable in the event of a firing. By the same token, employees are able to leave their jobs for any reason. They cannot terminate you for an unlawful reason, though, such as in retaliation for your work injury or in discrimination. At-Will EmployeesĮmployment in California is generally at-will, meaning that employers have the ability to terminate their employees at any time for any reason, even if that reason is no reason. What Happens If I Am Laid Off Or Fired After A Work Injury? Can You Get Fired Because Of An Injury?īeing terminated after a workplace injury can result in no consequences if you were legally let go, or you can sue your employer because you were laid off after a workplace injury. Yes, you can be fired while out, but if your employer fired you because you were injured, you can take legal action against him. Can I Be Fired While Out Due To A Work Injury? You can only sue your boss for laying you off after a work injury if he expressly said that he was terminating you because of your injury claim, or if there is evidence pointing to injury harassment or retaliatory termination. Can You Sue Your Boss For Laying You Off After You Got Injured At Work? If the employee was fired because of an injury, though, then there are definite violations of laws. As such, you can sue your employer for terminating you after a workplace injury. This is because you are still a normal employee even if you are injured, on permanent or temporary disability, at work with accommodations, and more. Some legal reasons you can be laid off after a work injury include poor work performance, necessary reductions in size, redundant positions, company mergers, and more. Terminating an employee who is injured must only be done if the reason is beyond the injury. Your employer cannot take action against you because you decided to pursue worker’s compensation. You may also not be fired in retaliation for filing an injury at work. It would not be illegal in this case because you were not specifically fired while injured and on disability. For example, if the company needs to downsize and lay off various departments, you may be terminated despite suffering from a work injury. Your employer can terminate you while you’re hurt or recovering, but it can only be done in the scope of normal employment reasons. If you are injured at work, you cannot be expressly fired due to an injury. Your employer must do all he can to provide you with accommodations if you are injured, such as by altering your work station to help you rest more or by reducing your workload to lessen strain on your body. For example, the Americans with Disabilities Act (ADA) states that you cannot be denied reasonable accommodations if you are injured or disabled in some way. There are various laws that dictate the ability to terminate workers after injuries. I was fired after getting injured at work.Can I sue my employer for being fired after I got injured at work?.My employer fired me after I got injured at work.Can I be terminated for filing a workers compensation case?.Can I sue because I got fired after a workplace injury?.Can I sue my employer for being fired because I reported an injury during work?.We are usually faced with many questions about retaliatory termination, labor law, and wrongful termination after getting injured. Our law group, the California Labor Law Employment Attorneys Group, can provide you with an attorney who can help you if you were laid off while hurt. If you feel that you were fired because of an injury, you may be able to file a lawsuit for discrimination or retaliatory termination. Many employers will resort to illegal retaliation to terminate your employment for filing a claim if you were injured on the job. Fortunately, you are able to file a claim and receive a reduced paycheck even if you were hurt while not performing your job duties. If you have been injured at the workplace, it is generally a good idea to file a worker’s compensation claim to collect benefits while you recover from your damages.
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