Online Jury Poll ? How would you find ?
An employee gets injured on the job. The employer lays off that employee, argueably because the employee turned the accident in on workers compensation. The employee was approved for Temporary Total Disability benefits. The employer says the layoff was from a lack of work. The law states no employer is allowed to terminate the employees position while the employee is receiving benefits through workers compensation, but also states that if employer terminates employee for lack of work, then employer must give preference to employee should a position need to be filled. Employer hired someone else after employee requested their job back after being released by doctor, but was never contacted. Would YOU ??
Find in favor of the Employee ?
Find in favor of the Employer ?
Why, Why Not ?
If I were on the jury, I would have to listen to both sides, however, it seems the employee has a pretty good case. I would probably go in favor of the employee, but thats just me. Hope this helps.
no, why would they want an employee that doesn’t work?
The “law” doesn’t say anything near what you are claiming here.
There is no law that says you cannot be laid off, or terminated
while you are receiving WC benefits. If the employer is not
treating the IW any differently that the other employees, the IW
here has NO cause of action. There is NO jury in a WC claim. Don’t
know where you are getting your scenario, or “facts” of what the
law demands of employers…but you are way off point here…. way
off. THe ONLY law that provides job protection is FMLA… and that
is for a max of 12 weeks per year, based on medical necessity. Move
on from this…