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layed off/fired while on workmans comp??

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M

momto1

Guest
What is the name of your state?What is the name of your state?What is the name of your state?CA

I was fired/layed off today and I am collecting workmans comp from an injury I received while on the job. Can this be done???
 


cbg

I'm a Northern Girl
Yes, it can.

While you cannot be fired BECAUSE you filed a workers comp claim, you can be fired IN SPITE OF it.
 

cbg

I'm a Northern Girl
Fired, laid off, involuntarily terminated, let go, made redundant, whatever you want to call it, the answer remains the same.
 

cbg

I'm a Northern Girl
Seems to me that, having been told that she can't be laid off or fired BECAUSE she filed a workers comp claim, if she thought she had been she'd have said so, instead of trying to play semantic games.

But of course you are right.
 

Beth3

Senior Member
cbg, my only thought is that if she was laid off or fired because she had a WC claim, the employer isn't going to tell her that. We need to determine whether some pretextual reason was provided. It also obviously would be helpful to know if she was the only person laid off or whether there were others. If there was a general layoff and seniority was the criteria used and momto1 is one of the less senior, then there's certainly no mystery as to what took place and why.
 

cbg

I'm a Northern Girl
Not in the least arguing with you, Beth. :)

My only thought on this one is that having asked her basic question and having been told that there are circumstances when what happened is illegal, the majority of posters would then respond back with, here are my circumstances - do they count? Do they fall under the illegal definition? In this case, instead of doing that, she asked a semantical question.

That leads me to believe that she knows why she was fired/laid off; that it has nothing to do with her w/c claim, and that she was hoping against hope that she would be told that as long as she has a workers comp claim, she cannot be let go under any circumstances.

Of course, I could be wrong. It'll be interesting to see if she comes back and answers.

Don't mind me, I'm having a bad day.
 

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