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NY-Fired after auto accident

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  • NY-Fired after auto accident

    i was involved in single car auto accident while driving company car to job site and hospitalized for 5 days. sufferred fractured sternum and other related injuries. supervisor encouraged me to return to light duty work from home several weeks after accident until i healed from injuries. tried to work from home on first day but was unable to. Company terminated me the following day and stated reason for termination was that I was doing per diem work for another company as independent contractor.
    worker's comp controverting claim because I coughed before auto accident and unemployment won't pay benefits because I am unable to work.
    WC carrier won't approve medical surgery needed to repair sternum. Case going on for more than 1 year.
    Can I pursue wrongful termination while disabled? Employer was previously aware that I did some per diem work for former employer.

  • #2
    Nothing in the law says you can't be terminated while you are temporarily disabled.

    How long, total, were you out of work after the accident? It makes a difference to whether you have any legal recourse or not.
    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.

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