Can I be fired for a personal injury?
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Can I be fired for a personal injury?
Injured my lower back, cause is unclear. Doctor ok’d me to return to work on
light duty. They say they have no light duty work for me and can’t let me work.
If I am fired for this, can I collect unemployment benefits until I find a more
accommodating job? I live in Ohio
Asked on June 19, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) Unfortunately, light duty work is not considered a reasonable accomodation which an employer has to make to an employee injury. A reasonable accomodation lets you do your regular job or duties; the employer is not required to move you to a different job or create a new job for you. Therefore, you may be terminated if you cannot do your job.
2) If you are terminated for this reason, you should be eligible for unemployment, since would not be a firing "for cause"--that isb it would not be for you doing anything wrong.
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