Can I be fired due to a personal injury?
Question Details: I injured my lower back but the cause is unclear. The doctor OK'd me to return to work on light duty. They say they have no light duty work for me and can't let me work. If I am fired for this, can I collect unemployment benefits until I find a more accommodating job?
1) Unfortunately, light duty work is not considered a reasonable accomodation which an employer has to make to an employee injury. A reasonable accomodation lets you do your regular job or duties; the employer is not required to move you to a different job or create a new job for you. Therefore, you may be terminated if you cannot do your job.
2) If you are terminated for this reason, you should be eligible for unemployment, since would not be a firing "for cause"--that isb it would not be for you doing anything wrong.
Rate This Answer:
The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com
and retain an attorney to represent you.