Legal Question in Workers Comp in Arkansas
could i be fired while on leave due to wc injury
I was injured in a car accident while working when i was released to return to work i was transferred to another location. driving forced me to change to an inhouse job. after years of pain and suffering i was terminated while on leave. i had been told by an attorney that as long as i worked one day in 6 mo they could not fire me was that right. did they wrongfully fire me..I was on fml when i was terminated also
2 Answers from Attorneys
terminated while on leave
You don't supply enough detail for a response other than "...it all depends."One of the things it depends on is the law in whatever state you live in. How long since you were fired? Hadyou filed a workers' comp case after the car accident? How long ago was it? Etc. You'd best consult another attorney, in your state.
Retaliation for workers' comp
You may have a an ADA claim, so contact the EEOC immediately. If you were on FMLA leave, then they will probably have to prove that you would have been terminated anyway. If I can assist, please feel free to contact me
Generally speaking employers must grant your leave withinb two business days, depending on the suffciency of the information YOU give your employer. After your leave has been approved, the employer may impose certain duties upon you, but they have to tell you so before they punish you. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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