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Being fired while on Workman's Comp Vermont Virginia

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  • Being fired while on Workman's Comp Vermont Virginia

    To anyone out there. Is it legal to fire someone while still on workman's comp. The injuries sustained happened in June 06.

    Thank you

  • #2
    Originally posted by cajunkpr View Post
    To anyone out there. Is it legal to fire someone while still on workman's comp. The injuries sustained happened in June 06.

    Thank you
    Yes, it is legal. It will not affect your rights.
    Please no private messages about your situation.

    Comment


    • #3
      Originally posted by cajunkpr View Post
      To anyone out there. Is it legal to fire someone while still on workman's comp. The injuries sustained happened in June 06.

      Thank you
      it all depends on what you were fired for. was it because you are on WC? if so, then it is illegal for them to fire you. retaliatory firing is not legal anywhere. if it was due to conduct or something else then it would be legal.

      Comment


      • #4
        It also depends on what state you are in. You've listed two; which one is it?

        As injuredperson says, you cannot be fired in any state BECAUSE you filed a workers comp claim, but you can be fired in spite of it. The law does not require them to hold your job indefinitely; sooner or later, if you are unable to return to work, the employer is allowed to let you go and hire someone else. But how long they have before they can do that is state specific. You can also be fired for reasons connected with misconduct or performance, and if there is a downsizing in which your employer can show a business reason why you would have been one of the ones let go anyway, the fact that you are out on or have an open workers comp claim does not protect you.

        Another thing you might want to keep in mind which is also state specific - in my state (which is neither Vermont nor Virginia) an employer can legally let you go as soon as your FMLA is up (assuming FMLA applies). However, when you are medically cleared to return to work, if they have an open position for which you are qualified, they MUST give you preference in hiring for that position. They do not have to create a new position for you, bump someone else out of their job or give you a job for which you are not qualified, but if there is an honest to goodness opening for which you have the qualifications, they are required by law to give you "first refusal". I know that my state is not the only one with that or a similar law but I don't know if either Vermont or Virginia does. (My guess, and it is only a guess, would be that Vermont does and Virginia does not.) If no one else knows for certain that would be a good question to ask the workers comp board of your state or a w/c attorney.
        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.

        Comment


        • #5
          Originally posted by cbg View Post
          It also depends on what state you are in. You've listed two; which one is it?
          It is Virginia (I checked previous posts) and it does not involve the OP, but the OP's BIL (not that the difference would cause the responses to change).

          I only glanced at the previous threads and wonder why there is a termination now.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            cbg,

            I was very interested in the paragraph below, which was part of your response to a workers' comp. question.

            Another thing you might want to keep in mind which is also state specific - in my state (which is neither Vermont nor Virginia) an employer can legally let you go as soon as your FMLA is up (assuming FMLA applies). However, when you are medically cleared to return to work, if they have an open position for which you are qualified, they MUST give you preference in hiring for that position. They do not have to create a new position for you, bump someone else out of their job or give you a job for which you are not qualified, but if there is an honest to goodness opening for which you have the qualifications, they are required by law to give you "first refusal". I know that my state is not the only one with that or a similar law but I don't know if either Vermont or Virginia does. (My guess, and it is only a guess, would be that Vermont does and Virginia does not.) If no one else knows for certain that would be a good question to ask the workers comp board of your state or a w/c attorney.

            Would you happen to know whether that first refusal is required in NY?

            Thanks

            Comment


            • #7
              I don't know, sorry. The only state I know for CERTAIN has it is my own; I remember from research I did some years back that there were other states as well but which ones they were, I can no longer recall.
              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.

              Comment


              • #8
                Thanks anyway, cbg!

                Comment


                • #9
                  NY is not one of them.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

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