QUESTION
Is it lawful for a company to fire my husband after an injury?
Asked on Aug 10th, 2011 on Personal Injury - New Jersey
More details to this question:
My husband was fired from this company 3 times during his employment he got hurt and now company fired him again he is still under doctors care can he get a lawyer? The company wants to hire him again but he found another job because he was tired of playing their games.
11 ANSWERS
Yes, he needs a lawyer for his injury claim, and for any employment claims he might be able to make.
Answered on Jul 25th, 2013 at 10:07 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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Your husband needs to seek the advice of an employment law attorney familiar with the situation. A company should not be able to fire a full time employee for having an accident. The facts, however, in more detail, should first be set out for the employment lawyer you hire.
Answered on Aug 11th, 2011 at 11:16 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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In Massachusetts we have what is called "Employee At Will" which essentially means that an employer can fire you for any reason or even no reason as long as it does not fall under one of the statutorily protected reasons, such as being fired for race, religion or sexual orientation. Other than the protected reasons, and there are more, I just gave an example, the only other way your job may be protected in Mass is if you have an employment contract. Then the terms of the contract control. No contract, no protected status, means no recourse. You should probably check with a lawyer who practices in Employment law to make sure since I am a criminal defense and personal injury lawyer, but I think he or she will tell you about what I have told you. However, do not rely on this until you confirm it with an Legal Employment Specialist.
Answered on Aug 11th, 2011 at 8:00 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. If your husband can't do the job, the employer can replace him unless he has a union contract that protects him.
Answered on Aug 11th, 2011 at 7:51 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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When you can fire someone after an injury can be complicated. If an employee has worked at a company for more than a year, the Family Medical leave act provides that you get up to 12 weeks leave for a serious illness. A serious illness is an illness that requires you to be out more than 3 days or requires ongoing treatment by a physician. Thus, if you have been there a year, and the injury fits the definition of serious illness, you cannot be fired for being out. You can be fired for violating safety rules or any other reason, but not for being out sick. If you have been there less than a year, they can fire you for being out even if you are under a doctor's care. As for hiring a lawyer, you can. However, your damages in a suit, if you have one, are lost wages, which is what you would have earned had you not been fired minus any earnings at a new job. If he is making the same or more than he made at his old job, he has no damages to sue for.
Answered on Aug 11th, 2011 at 7:29 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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An employee cannot be fired for filing a workers comp claim. However, any damages your husband may have suffered were lost by his getting a new job unless it paid significantly less.
Answered on Aug 11th, 2011 at 7:29 AM
New User
It is not lawful to fire an employee because they make a workers compensation claim for an on the job injury.
Answered on Aug 11th, 2011 at 6:38 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is a provision in NC law for retaliatory firing (firing him because he made a claim). If that is the case, see a lawyer. Sounds like he doesn't like them and they don't like him. Why continue the pain.
Answered on Aug 10th, 2011 at 4:43 PM
2 Awards
It is not legal for a company to fire an employee simply because he or she was hurt on the job and filed a worker's compensation claim. There is a provision in the worker's compensation statute that forbids retaliation. However, there are strict time limits to submit a claim and there are procedures the employee must go through to satisfy the requirements of the retaliation statute in Ohio. Since he found another job, his actual wage loss may be somewhat limited.
Answered on Aug 10th, 2011 at 4:06 PM
Your husband should contact and consult with the federal EEOC regarding his termination from employment while under doctor's caredue to injuries.
Answered on Aug 10th, 2011 at 2:14 PM
Gary Moore
It is unlawful to fire someone because they were injured while working. He has a workers' compensation claim and should go to a comp lawyer who will know how to proceed on his unlawfully being fired.
Answered on Aug 10th, 2011 at 1:43 PM