Is it legal to be fired after being injured on the job? 2 Answers as of June 02, 2011I was fired after being injured on the job! Told to take time off until doctor apt. they then fired me for the days off when I was told by the person trying to handle my case the days I miss will not count against me since the injury happened at work. After 3 days of calling and leaving messages with no return call I showed up for my next scheduled shift to find out what was going on. When I arrived I was told that I exceeded their points system that I am fired. What can I do I feel I was wrongly terminated? I also told them I would sign off on the injury (which I never did) and seek my own medical attention. They never returned my call to allow that. After being fired I did seek medical attention and it is documented everything that was wrong and the times and days I missed work etc. Is there anything I can do about this?
David B. Sacks, P.A. | David Sacks
It is not legal in the state of Florida to terminate one's employment by reason of a workers compensation claim. The facts you offer below may very well support such a claim. I would want to know much more about the facts however, for instance, there may be an issue regarding perceived disability under the Americans with Disabilities Act that is not necessarily related to the on the job injury per se but implicates it. Please feel free to contact me.
Answer Applies to: Florida