Many people in New York have the misconception that it’s illegal to fire someone after they’ve been injured. While this can lead to a wrongful termination lawsuit, it’s completely legal to fire someone who’s been injured in certain situations. In fact, some employers feel that they have no other choice.
What the law says
If you’ve been fired after suffering from a workplace injury, your first instinct might be to call an attorney. However, your attorney might not recommend going through with a lawsuit. Most states have “at-will” employment laws, meaning that they can fire an employee for any reason, with a few exceptions.
You might be able to file a lawsuit if your employer fired you shortly after you filed for workers’ compensation. Even if a state has “at-will” employment laws, it’s illegal to fire an employee as a form of retaliation for claiming workers’ comp. You might also have a viable lawsuit on your hands if your employer breached your contract in some way by firing you.
Otherwise, it’s perfectly legal for employers to fire an employee after they’ve been injured. In some cases, the company might not be able to function without someone in your job position. In other cases, providing accommodations might be too difficult or expensive. While the ADA prohibits employers from discriminating against employees with disabilities, an employer could still fire you if you’re incapable of performing your job. You could talk to your attorney to figure out if your employer acted illegally or not.
Should you hire an attorney after you’ve been fired?
If you’re not sure whether you can take legal action, it never hurts to discuss the issue with an employment law attorney. They might be able to suggest a strategic course of action for your situation.
