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  1. #1
    Join Date
    Mar 2007
    Posts
    11

    Default Fired for Being on Workers Comp

    I was put on restricted duty by the doctor who saw me after a trip and fall at work. My employer fired me two weeks later without an explanation.

    Basically, there are no misconducts, work refusals, write ups or any behavior on my part to warrant termination.

    Everything I have read on this board and elsewhere indicates that my employer was breaking the law by this action.

    The employer is headquartered in Pa. and the job location was in Georgia.

    If a law(s) was, indeed, broken, what is the penalty, if any, on the employer. Or is this one of those laws without sufficient consequences to command any respect?

  2. #2
    panther10758 Guest

    Default Re: Fired for being on W.C.

    I suggest you contact the DOL and ask what your next move should be. Based on your post your employers action were illegal

  3. #3
    Join Date
    Oct 2007
    Location
    US
    Posts
    34

    Default Re: Fired for Being on Workers Comp

    Bavage

    Apparently this falls under Ga WC law because in PA while under WC medical care your job is protected. However in Ga that may not be the case. You are still entitled to WC benefits medically without limits and TTD if you are deemed unable to work by the treating Dr.

    You can be terminated while out on WC, and many employees are not guaranteed a job without a work agreement. It is very possible that this is lawful. It stinks but may be lawful. There really are not many facts to go on.

    BUG

    Quote Quoting bavage
    View Post
    I was put on restricted duty by the doctor who saw me after a trip and fall at work. My employer fired me two weeks later without an explanation.

    Basically, there are no misconducts, work refusals, write ups or any behavior on my part to warrant termination.

    Everything I have read on this board and elsewhere indicates that my employer was breaking the law by this action.

    The employer is headquartered in Pa. and the job location was in Georgia.

    If a law(s) was, indeed, broken, what is the penalty, if any, on the employer. Or is this one of those laws without sufficient consequences to command any respect?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fired for Being on Workers Comp

    If I may suggest, bugman, please don't quote every post in full every time you reply to somebody. It clutters the discussion and makes it harder to follow.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Fired for Being on Workers Comp

    Before determining that this is or is not illegal, I would want to know whether or not FMLA applied, what kind of restrictions were placed on the employee, whether the restrictions were temporary or permanent, and whether there were any open positions within the employee's restrictions that he could be moved to, either temporarily or permanently.

    There is no state where it is legal to fire someone BECAUSE they filed a workers comp claim. However, there is also no state where being on workers comp provides immediate guaranteed job protection no matter what. An employee who is on workers comp CAN be fired (in all states); they just can't be fired BECAUSE OF the claim.

    We simply do not have enough information to know if the employer's action was legal or illegal.

  6. #6
    Join Date
    Oct 2007
    Location
    US
    Posts
    34

    Default Re: Fired for Being on Workers Comp

    I do stand corrected In Pa employees ARE presumed to be "at will" At-will employees may be terminated for any reason, so long as it not illegal.

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