Can an employer lay-off an employee who is out on worker's comp?
147900
it depends on where you live , some labour laws differ from place to place but most of them may just be worded diffrent , i would call the labour office in what ever area you are in , i know that here they cant lay you off untill you come back to work and only with a really good reason , there may be a web site for the area that you are in that you can check under for the info
940316
Only an attorney, properly licensed in  your state, can analyze this situation and give tailored legal advice to your situation.  You didn't specify the state, and therefore, the below is GENERAL legal information, and should not be construed as legal advice for you.\n\nUnder the worker's compensation laws of all 50 states, when a worker is injured on the job, the worker has a responsibility to follow their company's policy on job related injuries.  Generally, a company may not insist that the worker go to only those physicians recommended by the company, but that varies somewhat from state to state.  However, you should have probably been evaluated by a M.D. and not a chiropractor.\n\nIn the situation described above, out of all this can be seen a few facts that are relevant, and the remainder are not.  These are:\n1)  Complaintant was injured while in the course of his employment;\n2)  Complaintant went to a medical provider recommended by the company, but then LIED about the nature of the injury;\n3)  Complaintant was then not released medically to return to work;\n4)  Complaint VOLUNTARILY terminated her employment.\n\nThere really isn't any controversy about whether Complaintant lied on the medical form. There could be some controversy about the voluntariness of the termination, but all we have to go on here is the available facts.  In fact, Complaintant never states that SHE was personally told that she would be fired if she called in.  This is always 3rd party information.  For the same reason that 3rd party information is not normally admissible in court (hearsay rule), I don't give it much credence here.\n\nIt isn't clear under the circumstances what remedy the complaintant wants.  It may very well be too late to file a worker's compensation claim, but that will be termined by the state laws.\n\nYou need to consult an attorney in your state who can analyze the situation and give you the properly tailored advice.  For a referral to an attorney, consult your local or state bar association.
236591
It depends on your employeers policy.  There's NO law requiring comp time, and if you mean comp time as in not being paid OT then that's illegal in most cases.
226771
Not usually, but it can if the company is forced to make accomodations that requires them to make expensive changes  that forces them to lay off other employees. \n\nIt's definately good for people with disabilities, but not so good for the people who had to be laid off, but that's just a down side that can occur and is not usually true.
137928
I don't think so. Your fiance's employer has the right to terminate an employee at its own discretion, unless the termination is done in reliation for something like filing a worker's compensation claim. An employer is not required to keep an employee on its staff when the employee's presence may cast an unfavorable shadow on the employer and hurt the reputation of the business, such as in the case of your fiancee. Too bad your fiancee doesn't have a more supportive employer.
631584
I had a friend injured while engaged in a work related situation, and she went from regular employee to Worker's Comp.  If your husband has been turned into Worker's Comp, it's a different type of classification. They do have Worker's Comp attorneys and you might want to consult with one to determine your situation.
1151745
check with your local labor board....and file with them BEFORE you cause a stink at work.  If your boos is threatening you with termination over illegal policies, I am willing to bet the he will say you went to the labor board after some type of disciplinary action.\n\nIn Ca. the employee is not required to find a replacement when calling in ill.....and to be honest this seems like an asinine policy.  Now, if it's to cover a scheduled shift you just want covered, then yes, as the employee you need to find coverage for your shift.  \n\nWhy are you "required" to call in 6 hours prior to calling in ill?  Most people are asleep up until about an hour to two hours before going to work.....how in the world would you know you might not be able to make it in in such a long amount of time????  I would also question the labor board about this policy.\n\nDo you have your "new hire" hand book?  What do the policies regarding sick time state?  Most companies have a legal department to look over such policies.
434903
sounds like homework.  I've never heard of an employer being forced to allow an employee to resign by law.  Now if you mean were you don't show up to work for X days without calling in and your employer considers it a resignation that's a bit different.  Again it's not really law, but a policy issue.  Also most states are at will and thus no reason must be given to have an employee leave.
973109
Ok, this is complicated.  IF you have a policy that outlines what the petty cash CAN be used for and she used the cash for expenses OTHER than those things, then this is technically theft of company funds and, yes, you can terminate her.  The way it works is you place her on suspension first (do NOT "fire" her).  Then, get her final check cut and write a letter for her file that indicates why she is being terminated, on what date and time, and any other information you want to put in there.  On the letter/form, there should be a place for the employee to make somments and sign.  This is important.  Then, call her into the office (she is still on suspension, remember) and, after handing her the Final Paycheck, let her go.  You HAVE to pay her the full amount owed to her at the time of termination in California.\n\nNow, if there is NO policy in place for the use of Petty Cash, then you are out of luck.  Your best recorse is to create a new policy for petty cash, print it out and have ALL EMPLOYEES sign it.  Give a copy to all the employees and put one in each employee's file.  Then, talk to her and let her know that you expect these policies to be followed to the letter.  If she does it again, it is theft (see the above paragraph).  If she pulls herself together, then you have gained a good employee.  Either way, you are free of the problem and you win.\n\nI hope this helps.
217198
A wildcat strike is the term and yes your employer can boot you out the door.They might use a different excuse to fire you but you can bet your boots they WILL fire you.
222173
you cant have workmans comp on one employee only and this has nothing to do with liability insurance.. you can have a P.A (personal accidents) insurance instead.
74765
YES they can and they have the right to find out.If you are abusive and doing personal things at work,on thier TIME that thier paying you for.they could use it to fire you.NO joke.And also if it's illiegal it could be used as evidince in a court of law. And not even a Union can do anythig about it.because it,s concidered public.It's nothing to play around with.
756991
The employer would have a case for firing the person for cause for making the unauthorized charge. That person could also be disqualified from receiving unemployment benefits because their termination would be for misconduct. Also, the person could also be open to criminal charges if they did not make immediate restitution.
1078634
no.  they can fire you when you work for them.  most jobs are "at will" so the employer can do what they want.  most don't so they don't get sued, but technically they are covered.\n\nit sucks, but it can be done, and if they would do this to you believe me you don't want to work for them.  imagine how horrible it would be.  you would get screwed over every day!
196452
Speak to an attorney.  But if you agreed to a settlement, you have no rights anymore under worker's compensation.  You can only submit claims under worker's compensation if you sustained a new injury.
175676
Ithought workmen's comp was a govt program or insurance the govt make your employer carry.Look up attorneys in your area.
278303
It depends on your state.  If you live in an employment-at-will state (most are) then your employer can fire you for any reason, or no reason at all, unless there is a written contract stating otherwise.