F
fourshea
Guest
Hi Y'all,
We live outside Houston, Texas and about 3 months my husband returned to work after falling down some steps. About 6 months ago he had an injury that required him to have surgery. The Doctor released him for light duty and he returned to work. About a week after he returned to work he was taking the stairs and slipped and fell (the skidding on the stairs were old and basically non-existant). Needless to say, he had to have additional surgery at the original surgery sight. He receieved workers compensation because of the fall. The doctor would not release him for a month to insure that the surgery sight would heal properly this time.
During the time he was home "recovering" he was still able to work through the internet (he's a programmer). His company fully expected him to still accomplish his full duties while home recouperating. The problem we are having now is that he was fired today. They said it was because he has been absent from work too much. He is still seeing the doctor for the surgery and was only released to full duty less than 3 months ago.
My understanding, and I could be wrong, was that they are unable to terminate you because of an injury on the job. I understand that he was out for a month and had the bad luck to get sick afterwards for a couple days. I further understand that Texas is an "at will" employer - so I am not sure what recourse he has. But does this sound right? I know that my last employer made it clear that you would not be terminated (legal issues) because you filed a claim. But I am not sure of the laws.
Any advice y'all could give would be very appreciated.
We live outside Houston, Texas and about 3 months my husband returned to work after falling down some steps. About 6 months ago he had an injury that required him to have surgery. The Doctor released him for light duty and he returned to work. About a week after he returned to work he was taking the stairs and slipped and fell (the skidding on the stairs were old and basically non-existant). Needless to say, he had to have additional surgery at the original surgery sight. He receieved workers compensation because of the fall. The doctor would not release him for a month to insure that the surgery sight would heal properly this time.
During the time he was home "recovering" he was still able to work through the internet (he's a programmer). His company fully expected him to still accomplish his full duties while home recouperating. The problem we are having now is that he was fired today. They said it was because he has been absent from work too much. He is still seeing the doctor for the surgery and was only released to full duty less than 3 months ago.
My understanding, and I could be wrong, was that they are unable to terminate you because of an injury on the job. I understand that he was out for a month and had the bad luck to get sick afterwards for a couple days. I further understand that Texas is an "at will" employer - so I am not sure what recourse he has. But does this sound right? I know that my last employer made it clear that you would not be terminated (legal issues) because you filed a claim. But I am not sure of the laws.
Any advice y'all could give would be very appreciated.