Legal Question in Disability Law in Florida
Termination while on Workers Comp
I injured my back while working, and have been out on workers comp since June 6, 1998. I worked in New York as a territory sales manager for a company based in Missouri. On October 6, 1998, my employer terminated my employment stating that "since my leave of absence has now exceeded the 12 weeks allowed... they were terminating my employment..." I was curious as to whether or not I have a claim under the ADA against my employer. I was under the impression that an employer was not allowed to terminate an employee while out on workers comp.....thank you for your assistance
1 Answer from Attorneys
Re: Termination while on Workers Comp
I do not see how Florida WC law is involved. It appears to me that if your employer was in Missouri, that states law would apply. You need to consult an attorney in the state that has the controlling workers compensation law. You are correct in that in Florida, you could not be fired while on WC status.
Robert McCall
Law Office of Robert McCall
1775 West Hibiscus Blvd, Suite 204
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