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Answered 2006-08-08 22:04:41

My understanding is that the incidence of an open case with Workman's Comp. does not specifically preclude the employer from terminating an employee; but, that the employee IS specifically protected from practices on the part of the employer which can be constituted as harrassment over the issue, with the employee's termination possibly being construed as such harrassment should a case be pending. Employers, therefore, are specifically prohibited from terminating an employee just because that employee is pursuing action through Workman's Comp; but, anything not related to the case is still justifiable as a cause for dismissal. If you got injured on the job, and a case is pending, the employer cannot harrass you because you are exercising your rights toward compensation; but, if you fail to follow other policies established by the employer, or steal from the employer, or are insubordinate, or give the employer any other grounds upon which they may establish a justifiable and defensible basis for termination not related to the case, you're gone...

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