Can you get fired for filing a workman’s comp claim against your employers?
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Can you get fired for filing a workman’s comp claim against your employers?
Can you get fired while under doctor’s orders and care?
Asked on January 21, 2013 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
1) Can you be fired for filing a worker's compensation claim? No; retaliation for filing such a claim is illegal. That does not mean that you cannot be fired for other reasons after filing such a claim, if such other reasons are legitimate: e.g. excessive unauthorized absenteeim, insubordination, violating employer instructions or policy, etc.
2) You may be fired while under a doctor's care; being under a doctor's care does not, in an of itself, protect you from being fired. If you have a disability, you may not be fired because you are disabled (though again, could be fired for unrelated valid reasons); if you are out from work but were eligible for and used FMLA leave, you could not be fired for using such leave (though could be fired for unauthorized absences if you missed work without using sick days or FMLA leave, or without employer approval). However, the doctor's care/orders does not itself protect you from termination.
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