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Discussion in 'Termination: Firing & Resignation' started by Montecarlo, Apr 5, 2016.

  1. Montecarlo

    Montecarlo Law Topic Starter Guest

    I hurt my back in the bakery freezer, i was put on workmans comp but just got fired for attendence . im still under dr care and havent been full release yet. Can they terminate whil5under workmans comp?
  2. adjusterjack

    adjusterjack Super Moderator

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    Arizona Revised Statute 23-1501 (included protection from retaliatory discharges):
    3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:
    (c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:
    (iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.

    Seems to me that discharging you for "attendance" while you are out on comp is an end-run around the statute and is against the law.

    Consult an employment attorney and review your options.
  3. cbg

    cbg Super Moderator

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    Here's an important, missing fact:

    HOW MUCH time did you miss? Contrary to Jack's assumption, it really does make a great deal of difference.

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