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can the w/c ins co force you to resign?

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  • can the w/c ins co force you to resign?

    thank you all
    Last edited by rear-ended; 10-09-2009, 07:55 AM.

  • #2
    You have probably posted in other messages, but what state are you in? WC is very state-dependent and WC laws differ amongst states. Not every state protects the injured employee from termination (past federal FMLA laws) and the processes can be different also, but your attorney will be giving you the best advice on that.

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    • #3
      I was able to google "PA workers compensation resign" and ran across lots of advice...most said to not resign and that the employer could not force you to resign or it could be considered retaliation. You might also ask your attorney as to whether WC benefits would continue if you resign vs being terminated.

      Here is a good article on settlements in PA:
      http://legal.preferredconsumer.com/w...ttlements.html

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      • #4
        Your employer can ask you to do anything, including resign. You don't have to agree. They can not fire you solely because you filed a claim. From what you told me I don't see why they would. Are they actually asking you to resign for some reason? Or is this just hypothetical?

        Sure, PM away. I will be away from my PC for a spell this afternoon but I should be able to answer this evening sometime.
        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.

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        • #5
          As part of a settlement, you will most likely be asked to resign and not seek further employment with that company in the future. If you want the settlement, you agree, if dont want to resign, you dont get the settlement.

          The company can let you go while on WC for a number of reasons such as the position has been eliminated, you had disciplinary actions that would have warrented termination had you not gone out on WC, your condition is at maximum medical improvement and you are still unable to do the job, or you exhaust FMLA (if you were eligible). Some would continue payments, others wont.

          The only reason you cant be terminated while on WC is because you filed a WC claim. Thats retaliation.

          Its really not to the company's advantage to have you resign. It does not relieve them of the responsibility for the injury or disability.

          You hired an attorney and hopefully, you did some research as to his competency beforehand.

          You will get lots of opinions from talking to people, some will be good, some wont. The bottom line is that you are paying your attorney for his/her knowledge and skill. Why not listen?
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson

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