fired on comp or filing for comp
I was fired from at will employment after I returned to work and asked for more medical. I was having back issues from a herniated disc. I asked to see a Dr again and was told I was fired. I'm under the assumption it isn't. There is on going litigation do I have a case for wrongful discharge plus my regular compensation against the ins company?
1 answer | asked Feb 8, 2008 10:46 AM [EST] | applies to Pennsylvania
Answers (1)
It is illegal to fire an employee for applying for Worker's Comp in PA.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, it is illegal in Pennsylvania to fire an employee for applying for Worker's Compensation. If you have been fired for that reason, then you have a claim for wrongful discharge.
In determining whether you have such a claim, there are complicating factors that need to be considered, such as whether the employer had any other reason for the termination (justified or not), whether you were out for over twelve weeks, whether you are a returning member of the armed services, etc.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Feb 8, 2008 10:52 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, it is illegal in Pennsylvania to fire an employee for applying for Worker's Compensation. If you have been fired for that reason, then you have a claim for wrongful discharge.
In determining whether you have such a claim, there are complicating factors that need to be considered, such as whether the employer had any other reason for the termination (justified or not), whether you were out for over twelve weeks, whether you are a returning member of the armed services, etc.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Feb 8, 2008 10:52 AM [EST]
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