Labor and Employment Law
Workers Compensation
Unemployment

Can you get fired from your job if you still have a case opened with workmens comp?

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Wiki User
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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