Employment Law Information

The reason they gave me was b/c of my missed time. When I asked for details, they said I had missed too much time b/c of my injury. They said I had missed a couple other days before the injury, and had made a couple mistakes in my work. But again, they said the main reason is b/c of the injury. About 1 week before my injury occured, I got a great review and was given nothing to improve upon. So to me, I got fired for being injured. Isn’t this discrimination? I always let them know in advance any dr’s appointments, therapy, and I’ve kept my time off very short, less then 1/2 a day per week. My second surgery was an emergency b/c of a spreading infection, so I wasn’t able to give them any warning, but I did let every one know a few days ahead of time this was a possibility. I emailed my boss after arriving home asking for documentation for the reason(s) I was let go. Do I have an unemployment/disability case? Can I go after my work for letting me go b/c of an injury? It wasn’t work related, it was in my home, but I still think this would be discrimination.

I was not within my 90 day period. I got my evaluation around my 4 month mark, today I would have been there just about 6 months.

Answer:  You’re not going to like the answer, but I am not attorney.  If you feel you need legal help, click here to find an employment attorney in your area.   

• No, it is not likely to be illegal.  Your employer can terminate you for any reason so long as it’s not an illegal reason.
• No, it is not likely to be disability discrimination because your injury is transitory (lasting or expected to last six months or less) and you were not on disability.  Click here for examples of discrimination. 
• No, you cannot get unemployment.  To get UE, you must be ready, willing and ABLE to work.  With an injury, you are not able to work.
• You may be eligible for temporary disability payments if you are unable to work.  Here’s where it gets a little sticky.  Had you been on disability, they would not have been able to terminate you because then it would have been retaliation for your injury.  If you had known about that AHEAD of time, you could have made sure you were in a protected class and wouldn’t have been terminated.  If you are unable to work, it is soooo important to get yourself into that protected class ASAP!

Learn to protect yourself and become a bullet-proof employee.  Click here to download Work Laws Exposed.