Is a major company correct in firing an employee that could not remember exactly where and when he hurt himself on the job ?

Asked almost 2 years ago - Mount Vernon, NY

The report of the accident was three days after the accident . Injury happened on the job Friday and was reported Monday morning . The next day , major company lied to employee telling him to come in and receive work hours while healing from injury but instead questioned how the injury came about , disagreed with employee and discharged employee on the spot .

Attorney answers (2)

  1. Sean Patrick Lewis

    Contributor Level 17


    Lawyers agree

    Answered . There are so many details that aren't listed here. I agree that consulting a worker comp attorney is probably the best course.

    Examples of such details include:
    Was the employee treated by a doctor? What was the injury? Did the injury affect memory? Why can't the employee remember? Did the employee do something against company policy that caused the injury? Were there witnesses that the injury occurred, prior to the employee leaving Friday? I presume that the employee was off Monday and Tuesday except for being called in? and the absences were related to the injury?

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  2. Vincent Peter White

    Contributor Level 18

    Answered . This is a complex situation and probably will require you speak to a workers' compensation attorney.

    That being said, if an employee made false or incorrect statements about the manner in which he was harmed, where it happened or when then I know of no law that would limit the employer's ability to terminate for that offense.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

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