Discharged due to inability to perform work after injury

Discharged due to inability to perform work after injury


employee unable to work and fired
After watching the Walking Dead last night this topic popped into my head. One hearing I held involved a man who was injured while at work from a construction type job. He was placed on administrative leave from his job since he was while he was healing since he was unable to perform his regular job tasks. Since he was placed on leave initiated by the employer he could have applied for benefits for that, but that’s another topic for discussion. He told me he began feeling depressed and felt that his situation was hopeless. After being on leave for a few weeks the man received a letter telling him he had been discharged since he was unable to perform his job duties. This type of issue I think you should first consult with an attorney to learn what your legal options are since it could be a worker’s compensation issue. As for unemployment benefits, one thing people in similar situations tend to incorrectly write on their application is that they are unable to work. The person is able to work, just not at the same type of position he had before. If you incorrectly state that you are unable to work you could be denied benefits. Some employers think that if you are unable to perform your job that is considered misconduct. This man was out of work due to no fault of his own, was placed on leave by the employer, and then discharged. The employer could have offered the man modified job duties or alternate work or accommodations since he was injured but chose not to. The message to take away from this is if you are placed on leave initiated by the employer, or if you are discharged for any reason you need to apply for benefits immediately.

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