Can I Be Fired For Pretend Reasons When I Am Workers’ Compensation?

Aug 21, 2014 | WC & Other Laws

Can I Be Fired For Pretend Reasons When I Am Workers’ Compensation – The brief answer is yes. However, there are a number of things you can do to improve your options and rights.

In general, I advise clients to keep a journal so that when it comes time to talk about specifics, they are prepared. Assume that your employer and co-employees will deny anything you claim they told you in a conversation – so you should look into recording those conversations or bringing a witness if feasible. If you see other employees doing the same things that the employer is doing to you – keep note of that.

Fired For Pretend Reasons

You have three legal rights when terminated in such situations:

WORKERS’ COMPENSATION

So long as you are in active medical care with restrictions – you may still be entitled to lost wages – but will likely have to go to a hearing to show that the employer cannot prove you’re at fault for your termination. Even if you are at fault – you can get wage loss benefits if your condition worsens.

UNEMPLOYMENT

Similar to workers’ compensation – you can obtain unemployment benefits unless your employer can prove you are at fault for your loss of job. “At fault” means that you had control over the circumstances and could have elected to go route “A” or “B” – and you chose “B” even knowing that would be fired because of it.

RETALIATORY DISCHARGE

This is harder to prove – and involves a lawsuit against your former employer in Court. You have to prove that your employer was primarily motivated to fire you because of your workers’ compensation. Since employers rarely admit this – you have to show that the claimed reason for firing you was a pretext. You can show a pretext by demonstrating either that (1) the reason they gave for firing you was false – and they knew it, or (2) The people firing you were aware of other “similarly situated” employees were “guilty” of doing the same thing as you, but they were not fired – and they did not have workers’ compensation claims.

In short – having a lawyer will not prevent a bad employer from being a bad employer – but it will help you preserve your rights and avoid common pitfalls.

Related Blog: Workers’ Compensation Questions Answered: Is it legal for an employer to fire you while you have an open workers’ compensation claim for missing work to go to doctor appointments?

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