[DaveP]

Greetings,

I suffered a shoulder injury while working at a hardware store as an hourly wage worker in Virginia 2 months or so ago and have been under doctor's care since. I was put on restricted duty and continued to work at my job until 3 weeks ago and workman’s comp is paying my med bills.

I showed up for work one morning only to meet the boss standing at the time clock and when I went to punch in I was told there was no need to do so.
My employer told me that "he had thought about things over the weekend and it was his position that he and I had too many differences of opinion on things and for that reason he was terminating my employment".
Several days prior to this I got caught up in one of those dreaded he said she said battles where something I said to a coworker in confidence was repeated to the employer a bit exaggerated and I was called to his office for a meeting, we talked for a couple of hours and I thought all had been resolved and I left for the weekend on my schedule days off and upon returning to work is when I was terminated.

I have no reason to doubt his reason and I thought since Virginia is a right to work state that an employer can fire an employee for any reason they see fit, but I have been told by several friends that are themselves business owners that it was illegal for him to fire me while still under doctor's care particularly since it was not due to job performance or attendance. Is this true?

Also does W.C. now need to pay me for my lost wages (currently 3 weeks worth) since I am ineligible for unemployment because I am not totally able-bodied and available for work and I am still under doctor’s care? I have applied for a few jobs but no one wants to hire me while my medical issues are ongoing.

Thanks for any info and sorry for the long winded explanation,

Dave

[Mr. Knowitall]

You can be fired for misconduct at work unrelated to your injury. If you believe you were fired due to your injury, with this being merely an excuse, consult a local worker's compensation lawyer.

It is unlikely that you could make a viable claim for lost wages from worker's compensation when you are missing work because you were fired for reasons unrelated to your injury.

[cbg]

Right to work means you cannot be forced to join a union to get work. It has nothing to do with this situation.

You cannot be fired BECAUSE you filed a workers comp claim. However, neither having filed a workers comp claim nor being under a doctor's care is a guarantee of continued job protection indefinitely.

Your friends who have told you that your cannot be fired while under a doctor's care are, quite bluntly, wrong.

[DaveP]

Thanks for your responses,
Sorry what I meant was an "at will" work state and not a "right to work" state.
I kind of thought my friends were wrong about the firing part, but just thought it best to check.
As for the wages, that was what I was concerned about most.
I just found out my injury is going to require surgery and I will unable to work for another 4 to 7 weeks as a direct result of the injury itself even if I had not been fired. Would this change cause W.C. to now be liable for lost wages?

I have found an employer that wants to hire me but would prefer to wait the couple of months until my shoulder is repaired, they offered to put me on the payroll now and hold the position for me at no pay until I start in 8 weeks kind of a lay-off sort of thing or just wait, and the choice is mine.
That offer on the table, should I file for unemployment since I could have a job to return to at a certain date and not worry about W.C. wages?