QUESTION
Can an employer fire an employee because they got injured on the job and was unable to grip with right hand until orthopedic appointment in two weeks
Asked on Apr 21st, 2017 on Labor and Employment - North Carolina
More details to this question:
Employer also ask employee to get doctor to lift restrictions for light duty before appointment,which i didnt do so i was terminated...prior to this hr told me the procedures to take as far as going to doctor,returning when metal was removed from splint and having doctor give a physical description of what i can and can not do which i did,but they wanted me to have doctor to all of a sudden lift restrictions before i was even seen and that was impossible.they then refuse light duty but gave light duty to two other people that hands were just aching without being seen by any doctors does this sound like wronful termination.
1 ANSWER
4 Awards
Yes, the employer can fire you. However, it would be a violation of the law to fire you because you filed for or requested workers compensation. It does not seem like the employer fired you because you filed, but because of your restrictions. If so, then there still might be a claim under the Americans With Disabilities Act which requires employers to accommodate employee physical restritions in limited circumstances. I suggest you consult with an experienced employment attorney if you wish to get more information about the ADA and/or pursue a claim.
Answered on Apr 23rd, 2017 at 12:04 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.