Is it lawful for a company to fire my husband after an injury? 18 Answers as of July 25, 2013

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.

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A. Daniel Woska & Associates, P.C.
A. Daniel Woska & Associates, P.C. | Dan Woska
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.
Answer Applies to: Oklahoma
Replied: 8/11/2011
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
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.
Answer Applies to: Massachusetts
Replied: 8/11/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Yes. If your husband can't do the job, the employer can replace him unless he has a union contract that protects him.
Answer Applies to: Montana
Replied: 8/11/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
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.
Answer Applies to: California
Replied: 8/11/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 8/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If he was injured on the job his employer must provide him Worker's compensation benefits including payment of medical expenses; and he cannot be fired for filing a Worker's compensation claim
    Answer Applies to: Connecticut
    Replied: 8/11/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Yes, he needs a lawyer for his injury claim, and for any employment claims he might be able to make.
    Answer Applies to: Oregon
    Replied: 7/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 8/10/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    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.
    Answer Applies to: Ohio
    Replied: 8/10/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Your husband should contact and consult with the federal EEOC regarding his termination from employment while under doctor's caredue to injuries.
    Answer Applies to: Indiana
    Replied: 8/10/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    It is not lawful to fire an employee because they make a workers compensation claim for an on the job injury.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    He could possibly sue for the termination but the cases are very hard. Also, he has another job so damages would be very limited.
    Answer Applies to: Alabama
    Replied: 8/10/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    He cannot be fired while he is injured. He is entitled to certain protections. I would consult with an attorney.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | 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.
    Answer Applies to: New Jersey
    Replied: 8/10/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If your husband was injured during the course of his employment, he is covered by workers compensation and has no right to sue his employer for his injury. An employer cannot fire an employee because of the incident. However, there may be other circumstances that caused him to be fired. If your husband was injured during the course of his employment he should contact a lawyer to discuss it.
    Answer Applies to: New York
    Replied: 8/10/2011
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