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Can my son be laid off from a union WA State iron worker job because he has been in an auto accident and cannot work right now?

Auburn, WA |

My son was in an auto accident and doctor said he can be on light duty. Employer states that they have no light duty, but the job will be ending in a couple of months anyway and would he liked to be laid off? Of course he doesn't want to be laid off. If they have no light duty available, what are his rights?

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Attorney answers 5

Posted

I added a few more practice area tags to help get you some answers from lawyers in your state.

Posted

He should start by contacting his union representative. Light duty is always an option but not all employers have available light duty and they don't need to create it. That said, they are required to discuss reasonable accommodation of any disability he may have from the accident. Light duty isn't the only form of accommodation. Layoff from a union position might not be a terrible choice as he will have recall rights. It is critical that he contact his union rep ASAP.

Posted

Your son can get free advice from his Union rep.

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Posted

Sounds like something shady might be brewing there. I would contact a local practitioner well versed in employment labor law for that state.

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Posted

If the Employer has no light duty available, your son's rights are going to depend in part on what is contained in the union's collective bargaining agreement. The union contract may provide for certain benefits while he is off, and it may govern his right to recall if a layoff does occur. The employer likely offered the early layoff to enable your son to get unemployment benefits, but whether or not that is a good choice depends on the other options available and whether your son would continue to enjoy recall rights. I think it makes sense to review the situation with the union representative and with an attorney.

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