If Iwas laid off becauseI fell at work and hurt my back and shoulder, was that legal?

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If Iwas laid off becauseI fell at work and hurt my back and shoulder, was that legal?

I got laid off on 07/29/10 and I feel like I was treated wrongfully. Ialso think it had something to do with me getting into an argument at work on 07/28/10 with a friend of the project manager’s and them thinking that I had heart problems for some reason. I was told that I was being laid off because the doctor that I went to told them that I was to be put on light duty. However, they have “no lite duty work” and I was laid off.

Asked on August 9, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an employment attorney, who can evaluate whether (1) you have a possible claim against your employee, or (2) you could at least receive workers compensation, for being hurt or injured on the job. Note that:

1) If you were fired for having a argument with friend of the manager, you might not have recourse if you don't have an employment contract; w/out a contract, you are an employee at will, and employees at will may essentially be fired for any reason not otherwise prohibited--and being fired for arguing with a friend of management is not prohibited.

2) Employees do need to make reasonable accomodations for disabled employees (discriminating against the disabled is one of those things that are prohibited), so they might have had to accomodate you, if you were disabled by the injury. However, an employer only has to make reasonable accomodations, so if there truly is no work you reasonably could do (and they need done), it may be permissible to terminate your employment.

However, since you were injured when fired, it is worth speaking with an employment attorney to see if you may have a claim or at least be owed compensation of some kind.


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