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terminated while on light duty

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  • terminated while on light duty

    I am from michigan and i was hurt on the job in 2000. I had merchandise fall on my shoulder and had surgery in 2001. I was forced back to work after being off for eight months on workmans comp. I have remained working since that time. Many days i only would stay 1 to 2 hours as i was in tremendous pain. After years of theraphy I improved only to a certain degree, leaving me on extreme light duty for the last few years. Recently the company I was working for terminated six to seven people per store nation wide. The reason they gave was job performance. My question is.Was I judge unfairly due to my restrictions and can I do anything about this.

  • #2
    It's really impossible for anyone here to say. You can't be discharged in retaliation for having a work injury but you can be discharged if your employer is no longer able to provide light duty work for you. If you were on extreme light duty, it's quite possible that they simply could no longer provide work for you on such a limited basis.

    If you want an expert analysis of your particular situation, you'll have to speak with a WC attorney.


    • #3
      you say that they can not let you go in retaliation to a work related injury? what if they let you go due to your attendance because of a work related injury is that legal?
      that happened to me in july of 2005 they let me work 5 hours of my shift then called me to ther office and told me they had to let me go because i missed to much time.
      there attendance policy states x amount of days in 6 month period and i was over that because of the extreme pain from my injury.
      i had worked on kight duty for almost a year from ehrn my doctor wanted to pull me perminately. IN his records he had me off perminatly and they were marking me down for several no call no shows. so i went back to the doctor he gave me light duty so i wouldn;t get terminated and they ended up dpoing it anyways.


      • #4
        Yes it is legal. Very few states provide additional job protection in the form of extended leave to those who have WC injuries. That is not the case here.

        You can be held to the same standards as anyone else for work quality or attendance.
        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.


        • #5
          thank you very much


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