What to do about a wrongful termination?

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What to do about a wrongful termination?

I live in one state, worked for a company headquartered in another and physically worked in a third state. I had a worker’s comp claim, returned on light duty (their version of light duty was parking me in a semi-truck trailer in 90+ degree weather with nothing to do). I asked if they had any actual work for me and the safety officer asked if I was refusing their light duty. I told him no, I will do whatever they want. He said no, you refused our light duty work so go home and don’t come back. Later I called employer and let them know could return to full duty and they stated they had not fired me, only laid me off. The same day they fired me; they had hired 3 new people for the same work I had been doing. They told the unemployment office that they fired me with cause. What can I do?

Asked on September 25, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you have a possible claim for wrongful termination as a result of a form of retaliation of your worker's compensation claim and the "light duty" fall out, you should consult with a labor law attorney and/or a representative with your local department of labor to see what your legal recourse and options are.


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