Visitor Question

Unlawful Termination Due to Injury?

Submitted By: (Bloomsburg, PA)

I broke my ankle in two places. I’m not allowed to put weight on it (doctor’s orders) and I have to be on crutches,. My employer told me I could not work because of the crutches and has let me go from my job, saying she would need to hire someone else because I have to use the crutches for the next 6 weeks.

Is this legal, or is it unlawful termination? Is there anything I can do? Thanks.

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 ,

The State of Pennsylvania is not a “Right to Work” State.

A Right to Work law secures the right of employees to decide for themselves whether or not to join or support a union. However if you were an employee who worked in the railway or airline industry you would not be protected by a Right to Work law.

What this means is you may have the right to assistance of a union if one exists at your place of employment. Without the assistance of a union your next step would be to see if there is an employee manual.

If there is, read it and see if there are provisions in place which might protect you from termination. See if you had a right to a warning, or warnings before you were terminated.

If there are protections in place in the employee manual, and your employer did not follow those protections, you may have a case. If that is the case, seeking the advice and counsel of an Employment Lawyer, or Labor Lawyer would be in you best interests.

Regrettably, if there is no union and no employee manual, your only other recourse would be wrongful termination based on discrimination. The discrimination would have to be based on race, color, creed, sexual preference, gender, or age.

If you have any questions, seek the advice of an Attorney at the earliest possible time.

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 25, 2011

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