Can an employer fire someone who injures themselves off the job and cannot perform all job duties required?
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Can an employer fire someone who injures themselves off the job and cannot perform all job duties required?
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My friend was hired at a new job and was fully capable of performing her job duties. She then broke her arm in 4 places required rod inplant and screws. She has gone back to work and is now having a problem with her employer. She has been told last week that she will now be expected to work 77 plus hours a week. By 5 hours each day she is in tears, the employer considers this unexcusable absence. I suggested asking her doctor to define her long term disability. She is afraid that the employer will now fire her, even though she can get a tremendous amount of work done while she is there. Their stance is hours worked (salary) not job accuracy and completion.
Any suggestions?
Additional Details
Hi Judy, thank you for your input, there are so many people who ask questions that might not be aswered correctly. I did go on line again to question your answer regarding disability. I found this web site. it is a bit confusing, but i do believe it might answer you questions.
"The individual with a disability is in the sick role under the medical model. When people are sick, they are excused from the normal obligations of society: going to school, getting a job, taking on family responsibilities, etc. They are also expected to come under the authority of the medical profession in order to get better. Thus, until recently, most disability policy issues have been regarded as health issues, and physicians have been regarded as the primary authorities in this policy area"
Your prompt and educated answer is truly appreciated.
To others responding, I sense your fear of the potential of being terminated. Your knowledge and concern is a blessing.
Tabitha
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hr4me
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If a person can not perform the essential functions of the job then an employer can let them go. And if you live in an "at-will" state the employer can let her go with or without cause. (They don't even have to tell her the reason why they are letting her go)
It would probably be best for her to start looking for another job as she is not going to be able to maintain those kinds of hours in light of her injury. And it's not worth her possibly injuring herself further by trying to do it as well.
Employers can set the work hours for their employees, and they can require that they work long hours as long as they are being paid for all hours worked. |
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Judy
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Yes they can. If the person was injured on the job, they'd probably be eligible for workers comp. But since this was an off the job injury, it's not the employer's responsibility to deal with.
What do you think a doctor declaring her disabled would do? That wouldn't save her job, or necessarily get her any disability benefits. |
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Viv'
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It depends what state you live in. In Texas it's an at will state, which means they can fire you whenever, for whatever reason. What she needs to do is go to the HR department with a Dr's note, and ask if there is another job she can do to accommodate her needs. If they can not then they will dismiss her, but she'll qualify for unemployment compensation due to the company terminating her. |
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D
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Have her doctor write a very detailed description explaining that she may need light duty work due to her arm. I work for an attorney and deal with this kinda stuff all the time, they cannot fire her as long as she has a slip from the doctor. If she doesn't then they have every right to fire her do to lack of production on her part. |
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danny14551
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Yes. Being injured on the job and off the job are two very different things. Being injured off the job, you have no protection against being fired. If you can not do the job you were hired for your company can legally let you go. An employer can demand by law, if they wanted to, that an employee work up to 12 hours a day. Her being declared as having a disability will not save her job, and it is not something one doctor can do. To be considered disabled she needs to prove that her disability will last for more than a year, see at least 3 specialist and go to many interviews with the state to be declared disabilied. It is not easy and in the end, even if declared disabled, she will spend even more years trying to get disability. |
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65% water
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I don't think the employer is actually allowed to make her work that many hours in a week. I also think her doctor should specify what kind of work she is capable of, and for how many hours at a time she can work.
However, I don't believe any employer is legally required to keep an employee who cannot do the job, for whatever reason. Check to see if she is in an employment at will state.
It sounds to me like the employer is trying to get her to quit, rather than fire her. |
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Your #1 fan
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77 hours of work every week is abusive and should be reported. If however she was hired within 90-180 days before he had this problem then yes she can probably be terminated as this is usually the probation period. |
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