What are my rights if I was involved in an accident in my company and was fired as a result?
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What are my rights if I was involved in an accident in my company and was fired as a result?
I was in my 18 wheeler and hit by a semi pulling a double wide trailer; the semi kept going. I called 911 and then notified my employer right away. I had to be taken to the hospital because I was hurt. Then I filed a workers’ compensation claim with my company because the other vehicle ran. However, I got a letter from my company saying that I was fired on the 16th because I allegedly didn’t
follow incident procedures saying I refused to speak to anyone but I spoke to everyone at the company.
Asked on November 25, 2017 under Employment Labor Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless you had an employment contract or union agreement that provided you protection under the cirsumstances stated, your termination was perfectly permissable under the law.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Did you have a written employment contract for a defined period or length of time (e.g. a one-year contract) which was still in effect (unexpired) and which in some way would prevent you from being terminated for this reason? If you did, you could enforce its terms and sue for "breach of contract" if terminated in terminated in violation of it. Unfortunately, if you did not have such a contract, however, you would have been an employee at will and could be terminated at any time, for any reason--including having an accidetnt in their truck (even if you were not at fault) or not following some alleged incident procedures (even ones you were not aware of): an employee at will has no rights to his/her job and no protections from being terminated.
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