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

Asked about 1 year ago - 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. Daniel W Epperly

    Contributor Level 13

    7

    Lawyers agree

    1

    Answered . 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. Gerald Franklin Batchelder

    Contributor Level 13

    7

    Lawyers agree

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

  3. Brett A. Borah

    Contributor Level 20

    6

    Lawyers agree

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

  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    4

    Lawyers agree

    2

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

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