My boyfriend worked at an instant oil change place for about 7 months when he fell off the catwalk and injured his back. He went to the doctor and wasn't able to work for almost a month per doctors request. He was recieving workman's comp. during that time and kept up all doctors appts and therapy and kept in touch with theh company's insure company. The day he was released to work from the doctor, he went to his job and said he was able to work again and to be put on the schedule. However, his boss simply said, "well we are going to have to let you go." He is now in the process of filing for unemployment but I heard that a company cannot simply fire you when you are able to come back to the job after a work related injury. What legal steps can we take to compensate for this confusion and total b.s?
2007-03-03 08:26:49 · 6 answers · asked by rapxo 1 in Politics & Government ➔ Law & Ethics
This is in the state of Wisconsin.
2007-03-03 08:43:20 · update #1
...there's something called "at-will" employment...this means, generally, that an employer doesn't have to give you notice, doesn't have to hire you back, doesn't even have to give you a reason for dismissal...this is true of almost all companies who are not unionized...at least it has been in the states i've lived in...his ex-employer doesn't want him back because back injuries tend to re-occur...in other words, your boyfriend is now a poor risk for this company...and if i were him, unless he's got to, i wouldn't tell future employers of my bad back, either...of course, then there is the risk of being fired anyway for non-disclosure of an injury...he probably doesn't have a legal leg to stand on...sorry... peace, tammy
2007-03-03 08:45:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately most employment is "at will" meaning they can fire you for any reason not protected by statute or law. Those reasons are race, creed, color, regligion, age or in some states sexual orientation. No other reason is protected by law.
If it is not a union shop he is out of luck with that job and has no legal standing to sue to get it back.
You can be fired because they don't like you. Sorry but it really is just that simple.
2007-03-03 16:37:19 · answer #2 · answered by opinionator 5 · 1⤊ 0⤋
It depends on what state you are in. Every state mandates its own laws regarding the right to work and terminate. The Department of Employment in your state will be your best resource.
2007-03-03 16:35:35 · answer #3 · answered by Zoltar Knows All 1 · 0⤊ 0⤋
It depends on factors such as state laws, union membership and contracts/terms agreed upon employment. Speak to a lawyer.
2007-03-03 16:35:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Speak to an injury lawyer. It sounds like your boyfriend is the victim of discrimination.
2007-03-03 16:32:31 · answer #5 · answered by Anonymous · 0⤊ 1⤋
i dont think so
2007-03-03 16:30:32 · answer #6 · answered by **ic** 4 · 0⤊ 0⤋