• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Firing employee on workers’ comp may be legal

by on
in Compensation and Benefits,Employment Law,Firing,Human Resources

Texas law makes it illegal to fire an employee in retaliation for filing a workers' compensation claim. But that doesn't mean employees are untouchable just because they're out on workers' comp. You can legally discharge injured workers under a reasonable absence-control policy that applies to all employees, regardless of how they were injured or became ill.

Case in point: Martin Ramirez filed for workers' comp after being hurt at work. The company had a no-fault absence policy that mandated termination for any employee who was absent more than 120 days over a one-year period.

When Ramirez's leave extended beyond 120 days, the company fired him. He filed a claim for retaliatory discharge under state workers' comp law.

But the Texas Court of Appeals dismissed the case, saying this was a reasonable absence-control policy applied to all employees, not selectively to employees who were hurt on the job. (Ramirez v. Encore Wire, No. 05-05- 00536, Texas Court of Appeals, 2006)  

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/1857/firing-employee-on-workers-comp-may-be-legal "

Leave a Comment