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Illegal termination?

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Shawnlee74

Guest
What is the name of your state? New Mexico

My husband was fired from the Home Depot after he cut his hand with a box cutter, and had to go to the hospital for stitches. He was told that it was a major safety violation and would not be tolerated. He was permitted to work the night after it happened, and worked three days after it happened. He went on a scheduled vacation, and when he returned he was fired. The store manager told him he tried to fire him the Monday before, but was not able to because he was on vacation. Is it legal to fire someone for injuring themselves? Also, since it was filed under workers compensation, does that make any difference?
 


Beth3

Senior Member
Is it legal to fire someone for injuring themselves? An employee can be fired for violating a safety rule but it is illegal to fire someone in retalliation for filing a WC claim.

Also, since it was filed under workers compensation, does that make any difference? To the extent there are protections against retalliation, yes.

What safety rule did your husband violate? Unfortunately, lacerations from box cutters are common. What exactly did he do that made this a safety violation? Was he engaging in horseplay? Did he use the boxcutter in an improper manner or contrary to how he'd been instructed?
 

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