Termination/Workman's Comp

What is the name of your state? az
My husband hurt his shoulder at his job. He was still working but he was seeing their physicians and has an appt on 9-9-02. On 8-27-02 they put him on a 2 day suspension for supposedly sexual harrassment but they would not tell him anything about who is accusing him or what was going on only that he would be contacted when his meeting with corporate would be. They held the meeting on 9-5-02 and terminated him for supposedly that and other things. Yet, he did not sign anything nor did they give him any paperwork or information. The head of human resources had no idea about his shoulder yet his district manager knew which is the person who was setting the doctor appts through their doctors. can they terminate someone who is still being cared for through workmans comp even though they were still on their job? also, doesn't he have any rights to information or worngful termination against this company? Please help

An employee cannot be terminated BECAUSE he/she filed a worker's comp claim but they can be fired or laid-off if that action would have taken place in spite of the worker's comp claim. Obviously, I can't say whether your husband was terminated on a pretext or whether he was really accused of sexual harassment and that's why the company terminated him.

All I can tell you that it is not likely they fabricated that reason. First, it's a serious accusation and the employer would most likely have a papertrail of their SH investigatory notes amd the original complaint in order to comply with EEOC guidelines. If they're accused of retalliatory discharge under WC statutes, they know they will need to produce this for the State to substantiate they had a valid reason for terminating him.

Second, firing your husband does not relieve the employer of their liability for his worker's comp claim.

Lastly, no laws require that the person accused of SH be given any details of the accusation or who is accusing him. Although some of that information necessarily is frequently revealed during the course of an investigation, employers do try to protect it so as to avoid retalliation against the accuser.

The bottom line is that unless this was all trumped up in order to fire your husband because of the WC claim, then it is was not a wrongful termination.

termination

az
my husband feels as if he has been wronglyaccused. They told him they have 3 letters they wont let him see and he feels the district manager ceherced these people into the letters because she does not like him and wanted him out.

I can not speak on your job about policy. "I know laws do not require that the person accused of SH be given any details of the accusation or who is accusing him"like Beth said. Check the policy at your work on investigation's. At the company I work for regardless of the claim it states if you recieve and disiplinary action as a result of an investigation. You then have the right to view all of the investigation. Including all statements made and by who. I also work for a state agency. So depending on how big the company is they may have no policy on this. It can not hurt to check. If people made complaints on your husband for SH ,you can pretty much say some sort of an investigation was done to fire him.
According to you SH was only a part of your husband getting fired. You said along with other things, but didn't state what other things........?