Can you be fired while on workers comp?

Can you be fired while on workers comp?

Posted in the Stanford Forum

First Prev
of 2
Next Last
Need Information

Hazard, KY

#1 Jul 18, 2009
I was wondering if anyone knows whether or not it is legal to fire an employee while they are on workers comp?
lil ol me

Danville, KY

#2 Jul 18, 2009
i am postive they cant do that, call the labor board and ask
I Do not know

Danville, KY

#3 Jul 18, 2009
KY is a hire at will state you can be fired without cause so yes you can bee fired....

Since: Jul 09

Kings mtn ky

#4 Jul 18, 2009
that at will clause only applies if you sign the paper for at will... some places are like that some aren't look into it.
me2also

London, KY

#5 Jul 19, 2009
The only way that I think that one can loose their job while on workers comp. is that the person out on disability is caught working, or doing other activities that would rebuff their claim(s) of injury.

I once worked in HR office and had an individual out and found that she was actually working at another job, because she was thinking of quitting our company so she was trying the other job out be4 giving us notice, and she was caught. Also, her claim was for back pain, and she was witnessed in a club several times by other employees up dancing and moving good. lol, anyway they came in and reported seeing her, and investigation was made, found the allegations true, and she was fired for lying to us.
I Do not know

Danville, KY

#6 Jul 19, 2009
I Do not know wrote:
KY is a hire at will state you can be fired without cause so yes you can bee fired....
KY is a hire at will state,only if you sign a contract with your empolyer saying what can or will cause termanation and both parties sign it.
Need Information

Somerset, KY

#7 Jul 19, 2009
I Do not know wrote:
<quoted text>
KY is a hire at will state,only if you sign a contract with your empolyer saying what can or will cause termanation and both parties sign it.
Hand book said they have to write you up ect. So that would be to my advantage don't you think?
also

Nancy, KY

#8 Jul 20, 2009
so u got fired while out, right? Did they call you and tell you?

Why don't u be more specific with us, like how long where you with job, why where u out on worker comp, was it job related?

How where your past performance evaluations? where there any past concerns about you in your position?

Sometimes, there are reasons why an employer can terminate you On The Spot, without notice, that is why I ask these questions.
Issues

London, KY

#9 Jul 20, 2009
One other thing to be considering....were you the only one let go? If someone is out on worker comp, etc., and the company lets go of employees (happening a lot with the economy) it might be alright. For example, say you were 10 from the bottom in seniority. The company decides to let go of 15 workers...then yes you can be fired. You would have lost your job if you weren't on worker comp anyway. You need to give more information regarding the situation.
legal beagle

Danville, KY

#10 Jul 20, 2009
HEY
Sign up for unemployment,it pays more to you anyway.
You may even get educational benefits.
Need Information

Nancy, KY

#11 Jul 20, 2009
also wrote:
so u got fired while out, right? Did they call you and tell you?
Why don't u be more specific with us, like how long where you with job, why where u out on worker comp, was it job related?
How where your past performance evaluations? where there any past concerns about you in your position?
Sometimes, there are reasons why an employer can terminate you On The Spot, without notice, that is why I ask these questions.
I found out I was fired when I tried to return to my job of 18 years. I have never had a write up or poor evaluation. I was the only one let go and they have hired some also. I got hurt on the job and workers comp does acknowledge the accident.
Also when I was fired they would not give me a reason, I was just fired as far as I know now.
Need Information

Nancy, KY

#12 Jul 20, 2009
legal beagle wrote:
HEY
Sign up for unemployment,it pays more to you anyway.
You may even get educational benefits.
The who;e system was down when I went there today.
Wasted trip but I will try again tomorrow.
Thanks :)
I Do not know

Danville, KY

#13 Jul 20, 2009
Get a lawyer, a good one.
Right

Somerset, KY

#14 Jul 20, 2009
Need Information wrote:
I was wondering if anyone knows whether or not it is legal to fire an employee while they are on workers comp?
Yes they can, Like someone else stated KY is an at will state and you can be fired for any reason or for no reason, just like if they said you were fired because they didn't the color of your shirt, they can do that and it is legal in Kentucky unless you have a Union contract if you are hourly. The only thing they cannot fire you fire is in regards to EEO as long as it does not violate that then it is legal, but even if it had to do with EEO they just say it was something else or they just didn't need you any longer. Now what I would do is if you got hurt on the job and they fired you, now you may have a great case normally when you accept worker's comp then you give up your right to sue the company, however if they fired you, you may now have that right, but even if you can't sue the company you can always go after the equipement manufacture if you were hurt on an unsafe piece of equipement. I know some people are going to get on here pissed off because I gave you so much info. they will so that is why people are losing thier jobs: BS people are losing thier jobs because in my opinion most companies seen an opportunity to start trimming thier workforce and using the economy as justification to to let people go. Most companies around here probably didn't have to let anyone go but the time being what they are and business is probably slow it was effecting the management bonuses and they would rather fire you than to take a cut in thier bonus. tell me I'm wrong!
Need Information

Nancy, KY

#15 Jul 20, 2009
Right wrote:
<quoted text>Yes they can, Like someone else stated KY is an at will state and you can be fired for any reason or for no reason, just like if they said you were fired because they didn't the color of your shirt, they can do that and it is legal in Kentucky unless you have a Union contract if you are hourly. The only thing they cannot fire you fire is in regards to EEO as long as it does not violate that then it is legal, but even if it had to do with EEO they just say it was something else or they just didn't need you any longer. Now what I would do is if you got hurt on the job and they fired you, now you may have a great case normally when you accept worker's comp then you give up your right to sue the company, however if they fired you, you may now have that right, but even if you can't sue the company you can always go after the equipement manufacture if you were hurt on an unsafe piece of equipement. I know some people are going to get on here pissed off because I gave you so much info. they will so that is why people are losing thier jobs: BS people are losing thier jobs because in my opinion most companies seen an opportunity to start trimming thier workforce and using the economy as justification to to let people go. Most companies around here probably didn't have to let anyone go but the time being what they are and business is probably slow it was effecting the management bonuses and they would rather fire you than to take a cut in thier bonus. tell me I'm wrong!
Well there was faulty equiptment involved. where would you go to prove it. They repaired it right after the accident and the boss lied under oath about it. Workers comp or someone came in but I do not know how you would find out about that. Do you?
As for my job I was, and still am the only qualified employee they had to do the job. Even though they have hired more people none of them are able to do my job.
Need Information

Nancy, KY

#16 Jul 20, 2009
me2also wrote:
The only way that I think that one can loose their job while on workers comp. is that the person out on disability is caught working, or doing other activities that would rebuff their claim(s) of injury.
I once worked in HR office and had an individual out and found that she was actually working at another job, because she was thinking of quitting our company so she was trying the other job out be4 giving us notice, and she was caught. Also, her claim was for back pain, and she was witnessed in a club several times by other employees up dancing and moving good. lol, anyway they came in and reported seeing her, and investigation was made, found the allegations true, and she was fired for lying to us.
That does not apply to me, and I did not do anything like that. My doctor released me to return to work and they said I didn't have a job I had been terminated.
They would not even give me a reason why.
I was to return to work in 1 week they fired me the week before I was released by my doctor.
Need Information

Nancy, KY

#17 Jul 20, 2009
I would just like to thank everyone for there information....Thank You!
Right

Somerset, KY

#18 Jul 20, 2009
Need Information wrote:
<quoted text>
Well there was faulty equiptment involved. where would you go to prove it. They repaired it right after the accident and the boss lied under oath about it. Workers comp or someone came in but I do not know how you would find out about that. Do you?
As for my job I was, and still am the only qualified employee they had to do the job. Even though they have hired more people none of them are able to do my job.
You would have to hire a lawyer. Workers comp is always going to lean toward the employer, who do you think pays them and who do you think pays you. Talk to a good lawyer and he/she can tell you if you have a case or not, I would recommend going out of town to like Lexington, I would not hire a local. When they fired you while you were off due to a work related injury, they increased thier liability hundreds maybe thousands of times over, and trust me, they know this but count on you not knowing it and not acting on it. They expect you to suck it up and move on.Hire a lawyer, a good one
been there

London, KY

#19 Jul 20, 2009
look davis bussey up in lexington, great lawyer, i had him on a workers comp case and everything went smooth. he's located in the darby creek area off man a war. good luck.
Need Information

Brownsville, TN

#20 Jul 21, 2009
been there wrote:
look davis bussey up in lexington, great lawyer, i had him on a workers comp case and everything went smooth. he's located in the darby creek area off man a war. good luck.
Thank You.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker
First Prev
of 2
Next Last

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Stanford Discussions

Title Updated Last By Comments
Melissa Cooley daughter of James H Cooley (Jan '15) 3 hr Christina 15
Jarboe/West 4 hr Makeshift 7
Jeremiah B. Brannon 4 hr ion 2
I still think about my ex. Tue Josh 10
News Lincoln grand jury indicts 15 for drug trafficking (May '13) Jul 26 take a stand 9
Camp Nichols Retreat, Arise Ministries (Jun '12) Jul 25 Kind One 6
Looking for Boyd Bears (Apr '10) Jul 24 Amy 9
More from around the web

Personal Finance

Stanford Mortgages