According to the Center for American Progress, approximately one in five employees in the US have experienced wrongful termination at some point in their careers.
Can you be fired while on workers’ compensation? According to a workers’ compensation lawyer in North Carolina, firing an employee on workers’ compensation to avoid higher premiums can qualify as wrongful termination.
Wrongful termination takes place whenever an employer fires an employee for an illegal or discriminatory reason based on age, disability, gender, race, religion, or other protected qualities. This may even include retaliation against a worker for reporting workplace anomalies or misconduct.
Let’s find out in this article about your employee rights and the legal actions you can take when you experience wrongful termination while on workers’ compensation after an injury.
Overview of Workers’ Compensation Rights
Understanding your rights, especially when you are fired while on workers’ compensation, is important. Knowledge of your fundamental rights prevents you from being taken advantage of by your employer.
California workers’ compensation return to work policy provides employees the right to receive temporary disability benefits or supplemental job displacement benefits. In the state’s 90-rule for workers’ compensation, employers are required to respond to employees regarding their claim in a span of 90 days.
Depending on the type of injury you sustained and your ability to return to work, you may be entitled to wage-loss payments. Your employer is not allowed to retaliate against you for filing a workers’ compensation claim.
Understanding Unlawful Termination
It is deemed by law as illegal to be terminated by your employer after filing a workers’ compensation claim. Termination for being unable to return to work after suffering a workplace injury is also considered illegal.
Legal Protections for Injured Workers
Every state has its own employee laws that require employers to reasonably accommodate the needs of injured workers, such as changing work conditions or responsibilities to allow employees to continue working for as long as possible. The Family and Medical Leave Act (FMLA) may allow workers to go unpaid and still keep their job. This could be beneficial to workers whose injuries will require a lengthy recovery period.
Consult a workers’ compensation attorney if you think your rights have been violated.
Steps to Take After Termination
Examine your termination notice carefully to determine whether it constitutes an illegal termination. Check all reasons provided. If you choose to contest your termination later on, you will need to collect several documents to support your case. Gather witness statements, workers’ compensation claims, medical records, and any other written communication by the employer related to the injury or termination.
Inform your employer in writing that your termination is “retaliatory,” so you can use this as evidence. Document any job leads or networking that you have undertaken while seeking new employment. Your job search shows your attempt to look for work and could serve as evidence should you pursue compensation for lost wages.
Seeking Legal Assistance
An employment lawyer can play a big role in understanding whether termination was lawful or it violated any regulations.
Your lawyer will accurately assess the necessary documentation (e.g., termination notice, correspondence from your employer, and medical records pertaining to a workers’ compensation claim) to build a strong case.
Your lawyer may advise you to proceed with a complaint to the Equal Employment Opportunity Commission (EEOC) or file a wrongful termination lawsuit. They will explain the advantages and disadvantages of either option. A skilled employment lawyer will advise you on the best course of action based on the circumstances of your case.