No announcement yet.

Fired while on Work Comp

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Fired while on Work Comp

    Is it legal for a person to fired while being treated for a work related medical condition? The person in question is receiving payments from Workman's Compensation and has a note from a Doctor stating they are not able to work. Today however they reached the end of there FMLA and were told they no longer had a job. Is this legal it happened in Nebraska???

  • #2
    If the employee has used up their FML then the company is within their rights to term the employee.

    It is a common policy to have although most worker comp insurance companies prefer you to leave the position available.


    • #3
      If the person was told they could preform light duty and the company refused to allow it would that make a differance??


      • #4
        Not really. Not every company always has light duty jobs available on demand and they are not obligated by law to create one.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.