Is It Possible To Be Laid Off Or Terminated While On Workers' Comp?
When you are on workers' compensation, you have certain protections. For instance, you are entitled to return back to your position when you are physically able to or your employer has to provide you with job training. However, workers' comp might not be able to protect you from other situations, such as a layoff or termination.
Can You Be Laid Off While on Workers' Comp?
Whether or not your employer can lay you off while you are receiving benefits depends on the reason for being laid off. If your employer is laying you off in retaliation for receiving benefits, this is considered illegal. In this instance, you and an attorney, like the ones at The Law Offices of Gregg Durlofsky, could file a lawsuit against your employer. You could possibly get your job back or receive financial compensation for the unfair layoff.
On the other hand, if your employer laid you off for reasons that would have resulted in you getting laid off if you were still working, this is considered legal. For instance, if your employer was planning to lay off you and other employees due to budget concerns, the layoff would stand.
Can You Be Terminated While on Workers' Comp?
As with a layoff situation, whether or not you can be terminated while on workers' comp depends on why your employer is taking this action. If your employer coincidentally happened to be conducting employee reviews while you were off work and found that your performance warranted termination, you could be legally terminated.
However, if you feel that the termination was the result of retaliation, you can take legal action. The same applies if your employer demotes you because you filed for benefits.
What Actions Can You Take?
Before you file a lawsuit, you need to find out the exact reason for the termination or layoff. Although the reason might actually be bogus, it is important that you have this information from your employer. It can actually help your case sometimes.
For instance, if your employer claims to have fired you because of poor job performance, you can refer to your previous performance reviews as proof that this is not true.
You also need to contact your state's labor board and file a complaint. If you have been working with an attorney, contact him or her to receive assistance with filing a complaint and exploring your other legal options.
You have certain rights as an employee and you are protected by state and federal laws. If you feel that your employer's actions while you have been on workers' comp have been illegal, talk to an attorney.