Can I be terminated while on light duty worker’s comp?

UPDATED: Sep 30, 2022

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Can I be terminated while on light duty worker’s comp?

I was hired 07/01. I was in training when I fell on 07/11 and was placed

on light duty by occupational health. From then until 08/30, I sat in the

break room. I was called in on 08/31, my day off, and was terminated for

unsatisfactory work performance. It was the 89th day of my probationary period,

I would have been in the union on 09/01.

Asked on September 12, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you truly did have performance issues, you can be terminated due to them: being on worker's compensation, being injured, being on light duty, etc. does not prevent your termination for otherwise valid and unrelated reasons. But what they can't do is fire you for being injured and/or on worker's comp and call it a termination for poor performance when it was not. If you believe they are lying and are just using poor performance as an excuse, contact the labor department to file a complaint, and/or speak with an employment law attorney about possibly suing. But if you believe they could prove performance issues, then it is probably not worth doing so, since, as stated, poor performance would justify termination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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