Can my employer legally fire me while on restricted duty, due to an injury I sustained while on the job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer legally fire me while on restricted duty, due to an injury I sustained while on the job?
Asked on September 10, 2012 under Employment Labor Law, North Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In many circumstances, yes--the employer can fire you while you are on restricted duty due to an on-the-job injury. For example:
1) You can be fired for unrelated good cause, such as violating company policy, not following supervisor instructions, falsifying time or expenses, etc.
2) You can be laid off as part of a restructuring, down sizing, RIF, etc.
3) If you cannot do your job anymore, and have used up all FMLA (or similar state) leave and/or all paid time off--the employer is not required to retain an employee who cannot do his or her job.
So while the company cannot fire you due to your injury--and may in many cases be required to make certain reasonable (i.e. not too expensive or disruptive) accomodations to allow you to do the job, if you just need some assistance or a slight change in how the job is done--it can still fire you for unrelated reasons or if you, even with reasonable accomodations, can't work and have run out of leave or paid time off.
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 AttorneyPages.com 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.