In Louisiana can a employer fire a injuries employee the day he returns to work .

Asked over 1 year ago - New Orleans, LA

received benefits for a month and a half the day i returned to work the let me go after saying the would save my job for me they told m the day i returned the let me go and said they had to replace me

Attorney answers (3)

  1. Shawn Michael Murray

    Contributor Level 8


    Lawyer agrees

    Answered . It sounds as though you may well have a viable claim against your employer for retaliatory discharge/wrongful termination. You should consult with an employment attorney in your area.

  2. Larry Alan Apfelbaum

    Contributor Level 13


    Lawyer agrees

    Answered . You may have claim for wrongful discharge and should talk to local WC attorney asap. The problem is your empoloyer will claim they replaced you for legitimate business reasons and you may have to prove that your WC claim was their real reason, which can be hard to do.

    You may also have an FMLA claim if your employer has more than 50 employees and you worked sufficient hours over the last year. FMLA gives you 12 weeks of job protection.

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more
  3. George Ellis Corson IV

    Contributor Level 20

    Answered . FMLA may be a remedy if your employer is large enough and you have enough hours in past year. Otherwise, a WC Attorney may be able to investigate/file a case for retaliatory discharge.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more

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