QUESTION
Can I be terminated by my boss due to an injury?
Asked on Nov 06th, 2011 on Labor and Employment - Ohio
More details to this question:
I have been off work for over a week due to an injury. I am not sure if it is work related. I got a phone call from my boss saying that if I cant work then I am being demoted. I called back later and he said he needed a man to run the store right. Can he do this?
2 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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Short Answer = yes, an employer can terminate you if that owner has a 'Business Necessity' to have that position filled right away with a person able to physically fill all assigned duties. Can an employer terminate you just for requesting Workers' Compensation benefits? NO, THAT is a violation of Labor Code 132a. I do not see there is any documentation of you making clear to your employer that this injury is work-related or work-aggravated. IF YOU COULD PROVE the only real reason the employer terminated you was solely in retribution for your asking for Workers Compensation benefits, and he did not have any 'Business Necessity' to have that position filled right away with an able-bodied person (and could not afford to keep you on staff), you could get an order reinstating you into the post with back pay. But that's nearly impossible to prove.
Answered on Nov 15th, 2011 at 10:58 AM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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If you qualify for FMLA leave for a serious health condition, in most cases your employer would not be able to demote you.
Answered on Nov 09th, 2011 at 1:29 PM