404-636-4900 One of the biggest worries for employees on workers’ compensation is the uncertainty about their job security. Many fear that filing a claim might lead to dismissal from their job, which adds an extra layer of stress during an already difficult time. In Georgia, this concern is particularly relevant due to the state’s at-will employment laws, which could potentially complicate workers’ compensation cases.
Understanding At-Will Employment in Georgia
In Georgia, the principle of at-will employment governs most working relationships. This means either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, with or without notice. This flexibility, however, does not permit terminations for illegal reasons, such as discrimination or retaliation for filing a workers’ compensation claim. The at-will doctrine allows for freedom and flexibility in employment but comes with exceptions that aim to prevent unjust dismissals, especially in cases where employees seek to exercise their rights under laws like workers’ compensation.
Can You Be Legally Fired While on Workers’ Compensation?
In the state of Georgia, which adheres to “at-will” employment laws, it’s legal for employees to be fired even while they’re on workers’ compensation. This provision permits employers to base staffing decisions on a variety of legitimate reasons not linked to a workers’ compensation claim, like budgetary restrictions, company reorganization, or poor job performance not related to the injury.
However, there are strict protections against wrongful termination, and employers cannot legally fire an employee solely because they have filed for workers’ compensation. This type of dismissal would be considered retaliatory and is prohibited under both state and federal laws. If an employee believes they were terminated for filing a workers’ compensation claim, this may constitute wrongful termination, and they could be eligible for legal recourse
Protections Against Wrongful Termination
Employees on workers’ compensation in Georgia are protected under various federal laws from wrongful termination, which aim to ensure that individuals are not unjustly fired due to their injuries or disabilities.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) provides strong protections for workers who suffer from disabilities, which can include injuries sustained on the job that have long-term effects. Under the ADA, employers are required to make reasonable accommodations for employees with disabilities, unless doing so would cause significant difficulty or expense to the business. This means that if an employee can continue to perform the essential functions of their job with reasonable accommodation, they should not be fired due to their disability.
Filing A Charge of Discrimination
In Georgia, workers who believe they have been discriminated against due to race, color, religion, sex, national origin, age, or disability are entitled to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The process must be initiated within 180 days of the alleged discriminatory act; this timeframe extends to 300 days if a state or local anti-discrimination law also covers the grievance.
To begin, claimants should first submit an initial inquiry through the EEOC’s Public Portal. After this, the EEOC will conduct an interview to determine if there is sufficient ground to file a charge. If so, the charge can then be formally filed either online or at an EEOC office.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, which can include a work-related injury, without fear of losing their job. This leave can be used intermittently or all at once, depending on the circumstances.
An employer is not allowed to terminate an employee for exercising their right to take FMLA leave. Doing so could be regarded as a wrongful termination.
Examples of Wrongful Termination in the Context of Workers’ Compensation
Sadly, in our many years of experience as employment attorneys, we consistently encounter common examples of unjust firing, even with the legal protections in place:
- Retaliatory termination: If an employee is fired explicitly for filing a workers’ compensation claim, this is considered retaliatory and is illegal. Employers cannot legally dismiss employees just because they have sought to use their lawful right to workers’ compensation benefits.
- Termination despite accommodation: Firing an employee who has been injured on the job and is capable of continuing to work with reasonable accommodations provided under the ADA can also be seen as wrongful termination.
- Termination while on FMLA leave: Dismissing an employee who is on leave under the FMLA for a serious health condition related to a workplace injury is unlawful and could qualify as wrongful termination.
What to Do If You Believe You Were Wrongfully Terminated
If you suspect that you’ve been wrongfully terminated due to filing a workers’ compensation claim or for any related reasons, it’s crucial to secure essential information that will be needed in a claim:
- Keep detailed records of all communications with your employer related to your injury and workers’ compensation claim. This includes emails, letters, and notes from conversations.
- Collect any relevant evidence that supports your case. This includes medical records, a copy of your workers’ compensation claim, records of your job performance, and testimonies or statements from co-workers.
- Depending on the advice of your attorney, you might consider filing a lawsuit for wrongful termination. An attorney at Deming Parker can guide you through the legal process and represent you in court if necessary.
Contact a Workers’ Compensation Lawyer in Georgia
Consult with a workers’ compensation lawyer who can evaluate your case, help protect your rights, and guide you through the process of securing the benefits and justice you deserve. Contact us and let us advise you on the best options available for you.
