Can I be fired for filing a workmans comp claim?

Can they fire me while under doctors orders?

Asked on January 20, 2013 under Employment Labor Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your employer can fire you for filing a worker's compensation claim. However if he or she does so, the employer is at risk for a unlawful termination and retaliatory termination action by you.

The same applies if you are under doctor's orders to not return to work. The only exception is if there is a legitimate business reason to lay you off or terminate you such as profitability of your company and cut backs. From what you have written, you should consult with a labor law attorney.

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