Can I be replaced or lose my job due to being injured?

UPDATED: Dec 28, 2011

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Can I be replaced or lose my job due to being injured?

The insurance lady was telling me that my boss didn’t have to keep a spot open for me. And if he had work I had to re-apply with him?

Asked on December 28, 2011 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an employer does not have to retain an employee who is injured and cannot work; or can make the employee re-apply for the position. As a general matter, the law does not require leave time or force employers to employ any particular or given person.

However, there are exceptions, such as if the employee takes Family and Medical Leave Act leave; or if the employee was injured on the job and applied for Worker's Compensation; or if the employee is no considered disabled, and to deny him reinstatement would be illegal discrimination against the disabled. The facts of the situation are critical to answering a question like this: you should either repost your question with additional information or consult in person with an employment law attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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