Visitor Question

Fired for filing a workers’ comp claim?

Submitted By: A (USA)

My boss was slow in submitting the initial report of my injury. And, I had to sign disclaimer that if it wasn’t filed, we would be responsible for payment of my 1st surgery.

After 3 surgeries and hospital stays, I was allowed to start work part time for 2 weeks, then full time.

After the 2 weeks of part time work, I was fired for not attending a mandatory meeting, which unemployment said was not a good reason for termination. I believe my boss thought my claim was closed, and then made up a reason to fire me because I had filed the workers’ comp claim.

Is this discrimination? Can I prove this? What can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

From the facts you present, there doesn’t appear to be any evidence of discrimination. For purposes of employment, discrimination exists when employment is denied based on color, creed, age, or sexual preference.

Your description of the events is interesting. We have never heard of an employee having to pay for his or her own medical bills, because the employer made them sign a disclaimer stating if the employer didn’t timely file a workers’ compensation claim, the employee would be responsible their own medical care and resulting costs.

While you don’t mention the state in which you reside, it is likely you live in a “right to work” state. This conclusion is based on the actions of your employer.

Unfortunately, unless there exists an employee manual or other set of guidelines permitting an employee to challenge or appeal their termination, a written contract of employment, or evidence of discrimination, your employer is permitted to terminate your employment for just about any reason, including your failure to attend a mandatory meeting.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 2, 2014

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