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

Attorney answers (3)

1. Licensed in OH

   

   Elizabeth Loring

   Cincinnati Employment / Labor Attorney

   Contributor Level 6

   1

   Lawyer agrees

   Answered April 05, 2012 11:16. 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... moreThis answer is provided for informational purposes only and does not constitute legal advice. You should not act or rely on this answer without consulting with an attorney one-on-one. The response cannot and is not intended to replace a face-to-face or telephone consultation with an attorney, and no attorney-client relationship is created by this response in the absence of a fully executed representation agreement. agreement, even if a response was given to a question less

   • Freking & Betz LLC

   • Mark as helpful
   • Flag
2. Licensed in OH

   

   David Sternberg

   Mentor Divorce / Separation Lawyer

   Contributor Level 13

   Answered April 06, 2012 20:13. 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.

   • Mark as helpful
   • Flag
3. 

   Michael Miner

   Insurance Law Lawyer

   Contributor Level 8

   Answered April 04, 2012 21:26. 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
   mminer@midwestlegalpartners.com
   www.midwestlegalpartners.com

   • Mark as helpful
   • Flag