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Can I get written up while I'm under light duty due to worker's comp?

Orange, CA |

I got a small injury on my knee, I was put on light duty by the doctor. Well, the other day I decided to jump on a ladder to do a work order and I was caught up by my supervisor doing so. For this I got my 4th write up for violating company policy, now I'm also at risk of losing my job, I'm currently suspended awaiting for a review, What can I do if I get fired? I mean I know I shouldn't get on the ladder because I was put on light duty, but I got on it for a good cause and not under bad intentions in my behalf.

Attorney Answers 4


  1. Assuming your employment is "At will," which it probably is, you can be fired for any non-discriminatory reason. Failing to follow your doctor’s work restrictions is a good enough reason to terminate you. The best advice I can give you is to eat crow, apologize, promise you will follow company policy and all of your work restrictions, and point out the good things you did for the company while you were there. Hopefully you can keep your job. Good luck.


  2. Having a WC claim does not guarantee continued employment. You broke the rules 4x. You can probably be terminated.


  3. Yes, for anything EXCEPT observing your light duty restrictions.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  4. If you happen to be a member of a union, get your union involved.

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