Fired for time off for surgery?
Iam currently fighting a workers comp lawsuit, In September of last year I went to my boss to fill out a C4 form for an Industrial Disease. I was diagnosed with carpal tunnell and tendonitis, in both elbows and wrist. I was denied workers comp because they claim I did not report it to my boss within 7 days of knowing my illness was job related. So I have a lawyer and we have been to court and it was ordered by the judge for me to be seen by a Dr from them. This was a mth ago ,but no apt yet. So in the mean time my ortho Dr scheduled surgery for my wrist, so I went to my boss and gave him the letter from my Dr. stating I was going to have surgery and recovery time approximatly 4-6 wks, so I would be out of work. My boss said “I cant do that lets consider this your last day, you need to turn in your uniforms and let us know if you want cobra medical insurance. A few days later I recieved a certified letter from my employer stating he was terminating my job due to my abcense’s from my alleged pain”. Can he get away with that? Can I file for unemployment? I live in Nevada.
switch to law and legal?
Regardless of the reason, this doctor did not hire you and they can dismiss you for non-performance.
It would be illegal to be fired for filing a claim for WC benefits.
If you are eligbile for unpaid leave under FMLA, that would provide
job protection up to 12 weeks per annum. Let your atty deal with
this… your supervisor, nor the employer have any authority to
accept/deny your claim for WC benefits. Stating you are being
terminated due to your ‘alledged pain’ is nearly as saying you are
fired because you asked for WC benefits. The supervisor/employer is
WAAAAAY out of line on this one….