If you sue a company for personal injury, can they legally fire
you?
I was recently injured at my job due to equipment failure. The accident resulted in a fractured elbow therefore I`am off work for several weeks. I have obtained a lawyer and he is working to reach a settlement. Anyway, can the company fire me for seeking suing them?
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on Friday, September 3rd, 2010 at 3:10 am and is filed under Injuries.
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No, but that won’t stop them from finding some legitimate reason if they want to fire you.
If you live an an “at will” state, yes, they can.
The answer will vary by state. Generally, if they fire you within 6 months (the time period varies wildly) of your claim, there is a presumption created that they fired you out of retribution, and they must show just cause.
Public policy dictates against firing people for pursuing their legally guaranteed rights. In many places, this overcomes even the at-will employment doctrine.
employers can you let you for pretty much nothing.
they can call it a layoff or termination or whatever.
In California most employment is “At Will” employment. this means that either you or the company can terminate your employment at any time and for no specific reason.
so…i do agree…they will eventually find a reason to let you go…start looking for another job now….and do not tell the new company about the law suit.
good luck
Depends on where you live. In NC for example, an employer can terminate your employment at any time. It’s a hire/fire at will kind of state. Look into your state’s labor laws.
(on a side note, why would you want to stay at a company that you are suing? Talk about awkward!)
NO. In all states, it would be illegal to terminate an
employee/injured worker for suffering the injury, filing a claim
for WC benefits, or receiving an award in a WC claim. That being
said however, you must prove you were terminated for casue. That is
not automatic. You may have other options under ADA/EEOC rules, and
definition of ”disability”. As you have an attorney, you should
be asking these quesitons there, not second guessing the atty on a
message board.