my husband was hurt at work he was hurt on 8-2009 on 12-2009 his job termed him for his fmla running out we were told by a attorney this can happen in Florida.my husband did not even find out till his boss called him in December 09 on the phone that he was termed in november2009 so it can happen......
No. Well, yes, he can fire you, but he is likely violating federal law if he does. Especially considering the Workers Comp issue.
No.
no they cannot
yes they can and will probably fire you.
AnswerIn Canada no, an employer can't lay off or fire an employee on Worker's Comp. However, if the company should cut out certain shifts (one you were on) or goes bankrupt then yes, you could be out of a job.
You have the right to fire an attorney you hired. You may need to find a better equipped attorney to fight for you.
WC has two components: 100% pay for medical costs of workplace injuries, and insurance payments for lost work time. If you are receiving WC medical costs, but not lost time, your doc has NOT certified you as incapactitated from work. The employer can schedule you to work, and you must. If the doctor has certified you as incapacitated from working, the employers opinion about that is irrelevant. You cannot be compelled to work.
It will depend on your state's worker's comp law. Each state varies. Each Workers comp agency has a webpage to answer your question. If you had medical bills from the fall, Workers comp will usually cover the medical cost if you filed a report with the employer when it happened.
by starting won
Not necessarily, It would simply be up to you since its not his name which is going to go on the record. Its ur job on line, and the person you will be complaining to has an upper hand over your employer. So it really is upto you. If he does force you, its your decision that actually matters.
On workers comp, I believe they have to return you to your original job. If you were out on a non-worker's comp illness, they wouldn't. If you missed time from work and/or had serious medical bills, most US employers will bend over backwards to accommodate you. If you take extra time that's not medically required under workers comp, they don't have to hold the same job for you. The answer above is wrong. If a worker returns from FMLA leave, even if it was not for a work injury, he/she MUST be returned to the former job, even if the employer must fire a replacement to create the vacancy. That IS NOT true under state WC. If the employer eliminated your job while you were gone, you return to no job. The employer cannot fire you BECAUSE of a WC claim, but can eliminate jobs as necessary to employer survival.
You can sue them if they do, so essentially your answer is no. An employee cannot sue an employer EXCEPT when the employee already holds evidence that the employer violated a civil statute (EEO law, Workers COmp, unemployment, etc.). Without evidence that a civil statute was violated, no judge will allow you to file. Some statutes prohibit firing employees who report crimes in good faith, but the employee does not sue the government does.