Fired

[Montecarlo]

Jurisdiction

Arizona

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?

 

[adjusterjack]

Can they terminate whil5under workmans comp?

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.

 

[cbg]

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.