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  1. #1

    Default Terminated after injury

    I injured my back in Oct2005 at work. Been on workmans comp since will end this month 3 weeks ago i met with my employer and
    they said because I am such a risk to them and they can not afford another workcomp claim they can not take me back they are afraid that even if i answer the phone wrong i could hurt my back.. funny
    anyway workcomp is now setting up vocational people for me to meet with. My ? is can your employer let you go because your a risk
    to them????

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default

    Laws vary by state, but as far as I know it is illegal in every state for an employer to terminate a worker for filing a workers' compensation claim - and it sounds like this may well be such a retaliatory discharge. Consult a local plaintiff-side employment lawyer as to whether you have a possible wrongful termination claim.

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