Can my employer lay off my Forman and our whole crew, I’m on short term disability because I was in a car accident in a company truck. The company was aware and gave unofficial permission for me and my Forman to drive since we work two hours from our town. Workers comp delayed my claim and told me to get as much free physical therapy I tell they officially deny my workers comp claim. I have 35,000$ hosipital bill and am on short term disability and now have been fired because my Forman was laid off. What rights if any do I have. I feel as if my company I work for is allowed to not let me return once my dr realease me back to work it’s obly been a Month an two weeks
Your post is not entirely clear. An employer can terminate the employment of any at-will employee for any lawful reason. If the entire crew has been laid off for lack of work, it is not unlawful to include you in the layoff as long as the reason for termination of your employment is not because you were injured during the scope and course of employment. Your post does not state if you working during your injury or if you were on your way to or from work. If all employees were fired because they caused an accident in the company truck, it is not unlawful to include you in the group termination.
Being on leave due to a workplace injury does not insulate you from a termination that would have occurred had you net been on leave. The company is legally allowed to terminate you either because you got into an accident with a company vehicle, or because you were using a company vehicle (even though someone gave you permission) or because of changes at the company such as a layoff due to restructuring or financial issues. However you cannot be terminated because you took protected leave, or because you have an injury that needs or would need accommodation by the employer that would not create an undue hardship on the employer.
It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline