Legal Question in Workers Comp in Arizona
Fired while on workers compensation
I injured my neck at work on 5/11/99. I collected workman's compensation starting 5/12/99. I kept in contact with my employer and updated them, at least, on a weekly basis. On 6/15/99, I notified my employer that I had been released by the doctor and could return to work, the only stipulation being that I could not cradle the telephone between my shoulder and ear thereby tilting my neck at an awkward angle. (This posed no problem to me doing my job, I would simply have to hold the phone in my hand.) I arranged with my Assistant Manager (I was General Manager of an auto parts store/warehouse) to be picked up by one of my employees on the morning of 6/17/99 thereby affording me the opportunity to get the truck from work which they allowed me to use. At approx. 4:30pm on 6/16/99 I received a phone call from the two owners of the business saying that they found it necessary to "eliminate my position". I was fired. Their official reason was that it was strictly a financial decision. I happen to know that two weeks prior they hired a person to do the non-management aspect of my job. My question: Can they fire me under these circumstances while I was out on workman's compensation, and if not, what recourse can I take?
1 Answer from Attorneys
Re: Fired while on workers compensation
There is no easy answer to your question. Although it is a violation of certain federal and state laws to fire someone "because of" their industrial injury, it is always difficult to prove an employer's motivation.
In general, Arizona is an at-will employment state, so the employer does not have to continue to employ you if they don't want to. On the other hand, the EEOC has published guidelines that suggest that employers must hold a worker's position for him if it would not be an undue hardship for the employer to do so.
The fact that they hired someone else before you were released back to work tilts things in their favor. Also, last week's US Supreme Court decision may have drastically changed the applicability of the Americans with Disabilities Act to your situation.
On the bright side, if you are permanently medically unable to earn as much as your Average Monthly Wage, you may be entitled to permanent disability benefits, and the employer will certainly be precluded from arguing that they have work for you.
This information is general. The outcome of every case depends on all the facts. Please contact me direct if you have additional information to share and/or more questions.
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