I’m afraid that after my workman’s comp injury is heald and I am released back to work that the GM will fire me.

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I’m afraid that after my workman’s comp injury is heald and I am released back to work that the GM will fire me.

around April 2 I was in the office turning in a chain card to the safety department when I ask the GM if he had a min to answer two questions. after asking the second question he got very upset at me because we didn’t agree on his answer. While walking out of his office he followed me and said ‘I should walk you over to Safety, sign paperwork and send your ass down the road’. After I went into the Safety office, he showed up, stood in the doorway and then said ‘I can fire him, I can fire her, I can fire him and I can fire you if I want to. I did nothing wrong. I have had a target on my back since he started with the company. He told me ‘nobody here at cares about you’ while I was going through Chemotheraphy. He also made the comment while walking behind me ‘I need to get rid of all drivers that worked here before I got hired because they do not respect me’. He also threatened another driver while I was in the driver’s lounge stating, ‘I will yank you out of my truck if I want to’. What is my recourse?

Asked on May 14, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you believe that you can show (e.g. convince the EEOC or a court) that any firing is due to your medical condition, you may have a claim for illegal employment discrimination: the law specifically states that employers may not discriminate against (e.g. terminate) employees due to medical conditions. If you are fired and think this is the case, contact the federal EEOC or your state's equal/civil rights agency to file a complaint.
But you can be fired for any reason not related to your medical condition or use of worker's comp. If this manager is in fact removing employees who predated him and the employer could show that is the case (e.g. there is a pattern of removing employees who were there befoere he was), that is legal and they may do this: the law does not prevent managers from eliminating people whom they did not pick or hire, and doing this is in fact depressingly common.


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