Question:

Can my employer fire me while i am on workmans comp and doctors care

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what can i do if anything

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5 ANSWERS


  1. NO.


  2. Hire a lawyer they cannot fire you while under a doctors care, the lawyer will take the case on a contingency basis and you will not have to pay them unless you collect.~

  3. An employer can fire you but it is not advisable.

    If you were fired, while on Workmans Comp and under a doctors care, I would suggest you seek legal help against the compay that fired you.

    You probably have a very good case......

  4. You get Workman's Compensation therefore are not considered fit to work.  Check your state law.  In many cases,  if a worker is unable to return to work after a set period of time  (six months for some) then the employer can assume the employee is not coming back and can find a replacement for him.  That is because it is unreasonable to assume an employer will hold a job forever and it penalizes him by not allowing him to hire a replacement to continue the work.  

    It is quite likely that if you have been off the job for many months with a prognosis of being off the job for many more months,  the employer can legally fire you and find a replacement.  Again,  check your state laws.  

  5. likely not.  but if the doctor has released you and you dont return to work they can.  also, if he releases you with physical restrictions which are inconsistent with the job duties, they may also.  if they terminate you before that point, it is called wrongful termination.  if you see it coming, go see a lawyer.  good luck

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