[teacher]

My husband was recently injured on the job. He was injured due to a safety violation issue. He has been out of work for a little over a week. He is supposed to be on workman's comp. He had to go back to work to fill out some other paper work only to find out that the paper work was his termination papers. My question is this can your job be terminated while you are on worker's comp? I have been told by several people that he can't be terminated. The fact remains, that he was. I am unclear of what the law says in regards to this matter could you please tell me. If it helps we live in TN. Thanks.

[Anonymous]

My question is this can your job be terminated while you are on worker's comp? I have been told by several people that he can't be terminated. The fact remains, that he was. I am unclear of what the law says in regards to this matter could you please tell me. If it helps we live in TN. Thanks.

Employers can eliminate positions when their employees are on medical or disability leave, provided that the decision is for legitimate business reasons (and not because the person holding the job is on leave).

If your husband can establish that the employer is terminating his position because of his medical condition, and his job is covered by the Family Medical Leave Act (FMLA), he may have a claim under that act. Also, if your husband has an injury that qualifies as a disability under the Americans with Disabilities Act (ADA), his employer may have a duty to accommodate his disability and to offer alternative employment which he can perform within the limts of his disability.

Your husband should speak with a plaintiff-side employment lawyer about his situation and possible remedies.