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dompp

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I've been on light duty for six months, work doctors, because of a torn rotator cuff, impingment and tedinitis. I was told by the company doctor that he would not do surgery to repair it. So, I went to phyisical theraphy a few times. Recently there was a layoff at work 5 people went, guess who was one of them. I was told it was finicial decision because of declining sales. I would like to know if this legal, considering they keep people who make a lot more money than me. Also, they keep people with less senority than me. This is not a union shop. What rights do I have. I do believe my disability had an impact on their decision to lay me off. Is it legal for them to kick me to curb like that?
 
Yep it is legal. You have no proof you were laid off because of your injury. Other people lost their jobs as well.
 
Agreed. Having had a workers comp claim is not a guaranteed of lifetime employment. You cannot be let go BECAUSE you had a workers comp claim but you can be laid of in spite of it.
 
First of all, I would like to thank you, but I was not trying to use this as an exuse to be employed for ever. I just didn't think that they would let me go because of being hurt do to their neglegence. In the firsrt place, I was told by my manager that I shouldn't have even filed that injury report because her and another lady worked through their shoulder injuries. Second, my supervisor was always making ingnorant and rude remarks, such as, the owner should step in and put an end to this. It became a very hostile work enviroment, because my injury didn't heal fast enogh for them. What happens when I get another job and this injury acts up? Are they still responsiable?
 
As I said, you cannot be laid off BECAUSE you filed a workers comp claim but you can be laid off in spite of it. I'm sorry for your situation but there is nothing here to suggest that any laws were violated. They cannot decide to lay you off because of your claim, but they are not required to keep you on and lay someone else off instead because of your claim either. If you would have been one of the ones laid off had you never filed a workers comp claim, you can be laid off in spite of having filed one.

BTW, just so you know, in employment law the term "hostile work environment" has a very specific meaning. It does not mean what most people think it means. If you were not being subjected to either sexual harassment or illegal discrimination/harassment under Title VII and related laws (race, religion, national origin etc.) you were not, legally, in an HWE. It takes more than people being unfriendly and acting nasty.
 
Really , so employers can just harrass people who file workmans comp claims. Also, You mean to tell me that an employer can tell a subordonate that they had no right to file a claim. They can tell them to work throughout. Even though the LAW states that an employee has the right to file. It became a hostile work enviroment, but the law that was broken was the retaliation law. This was there opportunity to get rid off me.
 
All the comments are correct but they are not complete. It is correct that a work-related injury can not prevent you from being fired but if they fired some of your department and not all and you HONESTLY think you were singled out because you had an injury, then you MAY have a claim. But if you could not work to the same level as others, then your employer may have had the right to pick those who could do the job better.

Be that as it may, this does not preclude you from getting comp in the future. And if you do get another job somewhere else, including another state, and loose time and have medical expenses relating to this original injury, you are still covered by the comp insurance carrier for the firm where you worked when you had your original injury; your new employer would not be responsible.

As for the nasty comments from your supervisor, I had a case in which the supervisor was rude and nasty to everyone hence the injured worker could not show prejudice to them as the reason for being fired.

Only an attorney familiar with the workers comp laws in your state should give you any specific advice.
 
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