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being fired after injury?

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#1
What is the name of your state? virginiaI was recently hurt on the job and ended up with a concussion they stuck me in a room with someone who never gave a name then after my pee test was good they also made me do a hair test. The following day I had an email about them doing a background check on me..? I hve worked there over a year now aswell..but I never consented or signed a paper for a background check. Is that legal? are they fishing to fire me?
 


Just Blue

Senior Member
#2
What is the name of your state? virginiaI was recently hurt on the job and ended up with a concussion they stuck me in a room with someone who never gave a name then after my pee test was good they also made me do a hair test. The following day I had an email about them doing a background check on me..? I hve worked there over a year now aswell..but I never consented or signed a paper for a background check. Is that legal? are they fishing to fire me?
They are making sure you don't have a ...history...of injuries on the job. It's called CTA.
 

mjpayne

Active Member
#3
What is the name of your state? virginiaI was recently hurt on the job and ended up with a concussion they stuck me in a room with someone who never gave a name then after my pee test was good they also made me do a hair test. The following day I had an email about them doing a background check on me..? I hve worked there over a year now aswell..but I never consented or signed a paper for a background check. Is that legal? are they fishing to fire me?
Virginia is an at-will employment state which means they can fire you for any reason (practically, this includes "no reason at all"), except that the reason cannot be something explicitly prohibited, like a protected class (as in, they can't fire you for being black).

Some background checks require your consent. Others don't. "Background check" is a pretty broad term which can mean anything from searching your name on the internet to contacting a specific school and inquiring about your grades.

If they think your behavior increases your chances of being hurt in the future or that your injury suggests it can worsen if you continue to work there, I would imagine they stand to get in more trouble by not firing you.
 
#4
is that not retaliation? we are also a union based I was trying to see if anyone came up with the conclusion I have they they a fishing for a way to avoid payments through workman's comp. medical etc..
 

mjpayne

Active Member
#5
is that not retaliation? we are also a union based I was trying to see if anyone came up with the conclusion I have they they a fishing for a way to avoid payments through workman's comp. medical etc..
Retaliation for what? You being a danger to yourself and possibly others? That's a perfectly valid reason to fire someone. I've heard of people getting fired for not wearing their safety glasses one too many times.

Drug testing someone following an accident is hardly unusual or indicative of retaliation. I'm also not aware of workman comp not paying you because your employer determined it was your fault (being careless for example) for the injury. I'm also not sure employers pay "through" workman's comp. Depending on the accident and how often they occur, the employer's rating with their workers comp insurance co may or may not go up, which is what determines their premium amount.
 

Just Blue

Senior Member
#6
is that not retaliation? we are also a union based I was trying to see if anyone came up with the conclusion I have they they a fishing for a way to avoid payments through workman's comp. medical etc..
I will ask CBG to take a look at your thread...She is very well educated in Employment Law.
 

cbg

I'm a Northern Girl
#7
It is not illegal retaliation to conduct checks after a work related incident. I'm not where I have access to my state regulations and I don't have the time right now to search online so I can't check your state specifically, but in some states it is REQUIRED that the employer do such checks. No, they are not looking for a reason to fire you; they are checking to see if any outside factors were involved.

You cannot be fired BECAUSE you filed a workers comp claim. That is illegal in every state. However, in NO state is it illegal to fire you for safety violations, even if they result in a workers comp claim. If you weren't using anything, then these checks are to your advantage.
 

HRZ

Senior Member
#8
Post injury drug tests vary as to legality ...and I simply don't know about VA....they are not generally legal in nearby OH or WVA ..but you are in VA.

I agree with cbg...If you are clean the tests may well be to your advantage .
DIscussions with your union are not privledged conversation ...IF there is something you need to worry about that you didn't post , you best discuss same with a lawyer where privledge applies if that issue comes out of woodwork ...yes, you raised no such question...
 
#10
Post injury drug tests vary as to legality ...and I simply don't know about VA....they are not generally legal in nearby OH or WVA ..but you are in VA.

I agree with cbg...If you are clean the tests may well be to your advantage .
DIscussions with your union are not privledged conversation ...IF there is something you need to worry about that you didn't post , you best discuss same with a lawyer where privledge applies if that issue comes out of woodwork ...yes, you raised no such question...
CBG is correct. In Ohio they can and will test you for drugs if you are injured on the job.
 
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