Can my employer fire me when released from workers comp?
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Can my employer fire me when released from workers comp?
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I was released from my workers comp, but come to find out my employer wanted me to re-apply for my job. Is that legal?
Additional Details
I was released from my workers comp, but come to find out my employer wanted me to re-apply for my job. I talked to an attorney and he said it was legal, but what do you think. Is it legal?
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sgoldperson
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You talked to an attorney and he told you it was legal. THERE IS YOUR ANSWER. Unless you talked to the Company's lawyer you have no reason not to believe that. Now if you were talking to the Company's lawyer I'd go get a second opinion, because let's be honest you need an unbiased opinion from someone with no stake in it. |
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∞infiniti∞
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Your employer cannot fire you while you are on workers comp.
He does not have to give you your old job back as long as he offers you a job at the same level and at the same pay.
Also, keep in mind that you could be fired the day after you report to work. |
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Teekno
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It depends on why you were fired.
Worker's comp is not a shield against being fired for other reasons. |
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poppidad
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If the attorney said it was legal, it's probably legal. Ask the Worker's Comp people. |
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Hondaluv
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they way they are safe is because you are reapplying so they are simply not hiriring you versus telling you not to come back thats sneaky but i guess they feel you cannot perform your job now or something you should ask them why |
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lxlive
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I need help, I was injured at work and was collecting workman comp benefits, I had 3 sets of injections on my back to help me with the pain, my employer called me and asked if I was ready to return to work, I saw my doctor and kind of pushed him to release me to work with no restrictions, I went to get a drug test for my employer and was waiting for my old position back, and now he has no truck for me to drive and feels I may not be able to preform my job, he feels that I may re injury myself, so now he is ignoring my calls and there is no truck for me to drive, I tried to load cars on my friends truck to see if I would be able to handle it, and realize I can't do my old job, I made an appointment with my doctor that my lawyer appointed me to, can I still get my workman comp checks, I have only been on workman's comp for 7 mouths. Or am I screwed, what can I do, I still have my lawyer but they never seem to be there when I need there help. I live in California. tks Alex. |
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