Wrongfully Fired

[unfairlyunemplo]

What is the name of your state (only U.S. law)? MI

In July I was injured on the job and was hospitalized for several days and then was told by the doctor that I can't return to work for at least a couple of weeks. Everythign was paid for by workers comp. I was fired on Tuesday for missing work. This has to be illegal, right? Who should I contact?

 

[Zigner]

What is the name of your state (only U.S. law)? MI

In July I was injured on the job and was hospitalized for several days and then was told by the doctor that I can't return to work for at least a couple of weeks. Everythign was paid for by workers comp. I was fired on Tuesday for missing work. This has to be illegal, right? Who should I contact?

Had you been released to return to work? If so, did you miss work after that?

 

[unfairlyunemplo]

Hi. Thanks for responding. The doctor told me that I should stay off my feet for at least 2 weeks (bed rest if at all possible). That was less than 2 weeks ago. So I assume that means I wasn't released to go back to work right?

 

[cbg]

Outside of FMLA and occasionally the ADA, a doctor's note has no force in law. It has as much or as little weight as the employer wants to give it. So the question now is whether FMLA applies. And Katmo, feel free to look it up or ask your friendly attorney if this is not so. Don't put words in our mouths, please.

FMLA applies when ALL of the following are true:

1.) The employer has a minimum of 50 employees within 75 miles of the employee's location
2.) The employee has worked a minimum of 12 months for this employer
3.) In the 12 months immediately preceding the leave, the employee worked a minimum of 1,250 hours
4.) The employee or a qualified beneficiary has a serious health condition as defined by the statute.

If even one of the four criteria listed above is not true, FMLA does not apply. You'll need to tell us what, if any, of the criteria are true in your case.

Since it appears that your condition is temporary, the likelihood is that the ADA does not apply.

You CANNOT be fired BECAUSE you filed a workers comp claim. But a workers comp claim is not a get out of jail free card, either.

 

[katmo7]

No one is putting words in anyone's mouth. Thank you very much. Nor did anyone say that a doctor's order to return to work had any legal weight or was a free card to get of jail...We are also not talking about an FMLA leave. We are talking about workers compensation and we don't know if the OP designated the leave as FMLA. She may have just designated the leave as worker's compensation absence and something else, and FMLA is not running concurrently with the eleave. It seems like FMLA is not running concurrently with the OP leave since its assumed and seems like they are being paid. If you are in fact out on workers' compensation leave and FMLA leave concurently you may not be fired for absence, even if you are out of work well beyond the employer's cutoff absence day. Did your employer tell you that you were entitled to FMLA leave as well? They should have notified you in writing. Many states have sate medical leave laws that may differ in some respects from federal FMLA. Also, many states require the employer to provide physical rehab meant to help the injured worker with the physical aspects of recovery and return to work.

 

[pattytx]

So suppose you tell us the law that proves that?

We do NOT have enough information to determine whether this firing was in violation of the FMLA or not, and until we do, it's YOUR advice that is wrong.

 

[katmo7]

We do NOT have enough information to determine whether this firing was in violation of the FMLA or not, and until we do, it's YOUR advice that is wrong.

EXACTLY as stated in my posts if you read it carefully. I wasn't the one that said the firing was illegal. I said it may be if workers comp is running concurrently with FMLA..someone else if you read carefully said it was ILLEGAL without knowing if the leave is running concurrently with FMLA as I stated in my response!

 

[cbg]

As yet, no one has said the firing was illegal. As yet, we are still gathering information.

 

[mlane58]

No one is putting words in anyone's mouth. Thank you very much. Nor did anyone say that a doctor's order to return to work had any legal weight or was a free card to get of jail...We are also not talking about an FMLA leave. We are talking about workers compensation and we don't know if the OP designated the leave as FMLA. She may have just designated the leave as worker's compensation absence and something else, and FMLA is not running concurrently with the eleave. It seems like FMLA is not running concurrently with the OP leave since its assumed and seems like they are being paid. If you are in fact out on workers' compensation leave and FMLA leave concurently you may not be fired for absence, even if you are out of work well beyond the employer's cutoff absence day. Did your employer tell you that you were entitled to FMLA leave as well? They should have notified you in writing. Many states have sate medical leave laws that may differ in some respects from federal FMLA. Also, many states require the employer to provide physical rehab meant to help the injured worker with the physical aspects of recovery and return to work.

The OP doesn't get to designate whether the leave is FMLA or not. If the the OP and the employer qualify for FMLA and the reason the OP is out, is considered a serious health condition, then the employer has an obligation under the law to place the OP on FMLA.

 

[katmo7]

The OP doesn't get to designate whether the leave is FMLA or not. If the the OP and the employer qualify for FMLA and the reason the OP is out, is considered a serious health condition, then the employer has an obligation under the law to place the OP on FMLA.

Where did I say that the OP gets to designate whether they get FMLA or not? This is an example of whether or not they are eligible to use FMLA leave concurrent to workers compensation. A condition that requires and employee to be out of work for a least 8 days will likely be considered a serious health condition under FMLA. I said I thought they get to decided if they want to use FMLA concurrent to workers comp, which is different. And I believe if eligible for FMLA concurrent with workers comp they get a choice, but I could be wrong. The OP said the reason they were out was a work related injury not FMLA leave. Hence the fact that I asked if their employer told them that you were entitled to FMLA leave in writing. I'm pretty sure if they are eligible for FMLA while also collecting benefits from workers compensation they are not obligated to use FMLA time if they choose not to use it concurrent with workers comp. and can use vacation time or sick time before FMLA...I could be incorrect though.

 

[katmo7]

Also it should be noted that an employer may not declare worker's compensation leave as FMLA leave retroactively if it knew or should have known that the leave qualified as FMLA leave.