Q: I slipped in the cooler at work and hurt my knee. I've been getting work comp amd they have payed for all my drs and my
Surgery. What i wont to know is can they let me go while im out of work? The injury happend in july and its November now
A:
Unfortunately, yes, it is possible to be terminated while on workers' compensation in South Carolina. The work injury status does not protect your job. South Carolina is an employment at will state. Employees can be terminated for any reason - good or bad - or no reason, with a few exceptions for illegal discrimination and retaliation. An employer cannot retaliate against an employee for pursuing workers' compensation remedies. Retaliation has to do with actions taken by the employer because the employee pursued a legal remedy; it does not protect against actions taken for other reasons while the employee is on workers' compensation. An employer does not have to hold your job at all under workers' compensation unless you had qualified for and taken leave under FMLA, in which case, the employer would only have to hold your job for 12 weeks. If they have held your job since July and it is November now, even if you had been on FMLA, it would appear that the 12 weeks has run out.
It sounds like you have had a serious knee injury which has impacted your ability to return to work and may result in the loss of your job. If you do not already have an attorney, I strongly suggest that you consider having representation at this point.
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