Q: On workers comp then furloughed due to covid-19 pandemic , then was told by workers comp doctor to return to work+fired

A: There are many facts that would need to be understood to answer your question. You would be wise to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: Dear concerned worker,

Generally, you cannot be fired while on disability leave. However there are many exceptions and you are highly encouraged to consult with an employment law specialist on Justia. You have strict time limitations so you should seek the consultation immediately.

If your Covid was related to your employment then you may have additional benefits through workers compensation.

Sincerely,

Dennis A. Dascanio

Workers Compensation Attorney

A: This situation could potentially be illegal, as employers must make reasonable accommodations for work-related injuries and follow workers' compensation laws. The timing and circumstances of your termination raise several red flags that might indicate wrongful termination or discrimination.

Your first step should be gathering all documentation related to your workers' comp case, medical restrictions, and termination notice. This includes dates of medical visits, communications with your employer, and any paperwork showing your furlough status. Having a clear timeline will help establish if your firing was related to your workers' comp claim.

You should contact your state's workers' compensation board or department of labor to file a complaint. You might also want to consult with an employment lawyer who can review your case - many offer free initial consultations. They can help determine if your employer violated state workers' compensation laws or the Americans with Disabilities Act, which could entitle you to compensation or reinstatement. Time limits often apply to these cases, so it's important to act quickly to protect your rights.