Is it right to fire a employee while off on workers comp?

Asked over 2 years ago - Bellefontaine, OH

My job sent my a letter telling me I was fired and stated in the letter that i was fired because of my medical. I still have the letter.

Attorney answers (3)

  1. Elizabeth Sarah Loring

    Contributor Level 6


    Lawyer agrees

    Answered . It is unlawful in Ohio for an employer terminate, demote, or otherwise take punitive action against an employee for filing or otherwise pursuing a workers' compensation claim. You have a very short period of time - only 90 days - to take the steps necessary to preserve a claim for workers' compensation retaliation, so please see an experienced plaintiff's employment law attorney immediately.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not act... more
  2. David Jay Sternberg

    Contributor Level 14

    Answered . Attorney Loring has given you good advice. Under Ohio's Workers Compensation law you must notify the employer in writing of the alleged violation within 90 days of the alleged violation and your suit must be filed within 180 days of the alleged violations. These are differcult suits. You should seek the advice of an attorney immediately.

  3. Michael Miner

    Contributor Level 8

    Answered . This question appears to be a duplicate. Nevertheless, as I indicated in my previous response, I strongly suggest you consult with a workers' comp. attorney and a plaintiff's employment law attorney in your area. Employment law cases and workers comp. cases are very fact intensive; therefore, without knowing the complete factual background of your situation, it will be difficult for an attorney to provide you adequate advice online. With that said, you may have several potential claims, including a potential workers comp retaliation claim, a discrimination claim, a FMLA claim, and possibly other claims. An attorney in your area will likely provide you with a free or low cost initial consultation to evaluate such claims. Be sure to present the letter to the attorney for review along with any and all related documentation. You can also request a complete copy of your employee file from your past employer and bring that to the consultation for the attorney to review. If you have trouble locating an attorney, contact the state bar and they will refer you to workers comp. and plaintiff's employment law attorneys in your area.

    Good luck with this unfortunate situation.

    Michael G. Miner
    Managing Partner
    Midwest Legal Partners, LLC
    200 South Executive Drive, Suite 101
    Brookfield, WI 53005
    Office Phone: 262-780-1461
    Cell Phone: 248-462-5680
    Fax: 262-789-6699

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