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Doctor will NOT release, says may never be able to go back to job North Carolina

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  • #61
    While yes, a court might someday use a ruling in another state to support their decision, right now, that isn't the case. It is just as likely that NC will never rule the same as OH in these cases or that OH might fall more in line with the rest of the states one day. After all, the OH decision was decided by a very narrow margin. All we can share is what currently is the case. It doens't do anyone any good to speculate what might possibly happen in the future.

    I'm really seeing it as a stretch that the UPS case, which is an ADA case, will have any impact on whether or not an employer can terminate at an employee who has filed a WC claim. Those are very different laws and WC is the perogative of the state alone. The likelihood that a Federal court would impose on the state in that way is extremely low. Not all WC claims even result in ADA qualifying disabilities. In fact, very few do.
    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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    • #62
      It's interesting that the usual suspects have continually failed to answer the OP's question while continuing to push a position that has no relevance .

      The question was very simple:

      "Now my husband is scared that they're just going to fire him once he IS released by the doctor. Can they really fire someone just because they've been out on WC? " [ this is NOT the same as asking can you be fored for filing a comp claim ]

      The answer remains that it is possible, in general terms, as there is no law barring such action in any and all circumstances but, as has been so often pointed out, specific actions are barred. The specifics of the OPs case was not fear of termination for filing a claim so it remains difficult to fathom how the postings went off in that direction for so long, but rather fear of termination for alleged inablility to meet job demands after injury with out obective evidence of impairment.

      The UPS case is quite interesting and actually may be relevant to the OP's question but is has taken that long to get to someting useful that, unfortunately, pertains only to that other employer.

      In my non-lawyer opinion, and with only the faintest hope that this will end the thread, the specifics given would make it seem unlikely an employer would terminate the returning worker but that doesn't mean it could not happen and it would not be for filing a claim but for either a RIF or a no longer to meet job demands argument. The atty would then step in and ask them to prove it.

      A plea -since the OP is long gone and no one's going to be swayed from whatever position they have established - there isn't much point in continuing to post.

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      • #63
        Let's table this discussion until or unless the OP returns, okay?

        Hint: that was not a suggestion.
        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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