Can I file for unemployment if my hours have been reduced due to a worker's compensation claim?
Question Details:
I had an on-the-job injury 4 months ago of which employer is aware. Recently I was unable to work 1 day due to it. I went to the doctor and filed a WC claim. I was released to work with modifications. Before receiving any information my employer essentially replaced me with another worker and has barred me from working my normal schedule (did not cite "no modified work available"). This is an employer with less than 6 employees (BOLI). WC claim has not been determined yet. Can I file for unemployment due to reduction in hours or furlough? My employer has not "fired" me but is not scheduling me.
Employment and Labor Law Answers
You need to meet with your employer in a face to face meeting to clear up the uncertainty if you are still employed or not. Depending on what is stated at the meeting, you need to send a follow up letter to the employer confirming that you are still employed or have been terminated keeping a copy of the letter for future use.
You should also meet with someone with the labor department in th State you live in to report what the empoyer is doing to you. In most States in this country, an employee cannot be fired as a result of a work related injury.
It sounds that your employer is retaliating against you for filing a Workers Compensation claim. If that is true, the retaliation is improper and gainst the law.
If you have been "fired" by the employer, you should make an unemployment claim. The employer will have to respond to the claim to prevent it being approved. Any employer response to the unemployment claim if filed by you will shed light on your uncertain employment status.
Good luck.
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