Can an employer fire someone who injures themselves off the job and cannot perform all job duties required?

If a person can not perform the essential functions of the job then an employer can let them go. And if you live in an "at-will" state the employer can let her go with or without cause. (They don't even have to tell her the reason why they are letting her go)

It would probably be best for her to start looking for another job as she is not going to be able to maintain those kinds of hours in light of her injury. And it's not worth her possibly injuring herself further by trying to do it as well.

Employers can set the work hours for their employees, and they can require that they work long hours as long as they are being paid for all hours worked.

Yes. Being injured on the job and off the job are two very different things. Being injured off the job, you have no protection against being fired. If you can not do the job you were hired for your company can legally let you go. An employer can demand by law, if they wanted to, that an employee work up to 12 hours a day. Her being declared as having a disability will not save her job, and it is not something one doctor can do. To be considered disabled she needs to prove that her disability will last for more than a year, see at least 3 specialist and go to many interviews with the state to be declared disabilied. It is not easy and in the end, even if declared disabled, she will spend even more years trying to get disability.

Injured Off The Job

Okay, I'm about to be blunt and probably make some people think I'm a rude you-know-what, but I am sick and tired of people feeling ENTITLED to certain things in this world. Good grief, he isn't asking you or the others to do something illegal, or even unreasonable! He is asking for you to wash the chips. People in today's society have gotten to the point where they believe the employer should be grateful to have them as an employee. The fact is, you should be grateful to have a job! Just like someone else above said, have you seen the news? Have you been paying attention? There are people who would crawl over you to have the privilige of being paid to WASH POKER CHIPS! You have no idea how many walk ins we get at my business with people wanting to know if we're hiring. People who are out pounding the pavement in hopes of finding a minimum wage job, much less one with tips! I'm sad every time I have to look in their faces and tell them we aren't hiring right now. Now those are the people who would be grateful to have a job. For goodness sake, get over yourself, or quit and just TRY to file for unemployment. See what happense then.

Yes they can. If the person was injured on the job, they'd probably be eligible for workers comp. But since this was an off the job injury, it's not the employer's responsibility to deal with.

What do you think a doctor declaring her disabled would do? That wouldn't save her job, or necessarily get her any disability benefits.

I don't think the employer is actually allowed to make her work that many hours in a week. I also think her doctor should specify what kind of work she is capable of, and for how many hours at a time she can work.

However, I don't believe any employer is legally required to keep an employee who cannot do the job, for whatever reason. Check to see if she is in an employment at will state.

It sounds to me like the employer is trying to get her to quit, rather than fire her.

Have her doctor write a very detailed description explaining that she may need light duty work due to her arm. I work for an attorney and deal with this kinda stuff all the time, they cannot fire her as long as she has a slip from the doctor. If she doesn't then they have every right to fire her do to lack of production on her part.

It depends what state you live in. In Texas it's an at will state, which means they can fire you whenever, for whatever reason. What she needs to do is go to the HR department with a Dr's note, and ask if there is another job she can do to accommodate her needs. If they can not then they will dismiss her, but she'll qualify for unemployment compensation due to the company terminating her.

77 hours of work every week is abusive and should be reported. If however she was hired within 90-180 days before he had this problem then yes she can probably be terminated as this is usually the probation period.

you are in an auto accident and break your back you are in the hospital nad then your employer fires you on your first day in the hospital is this legal? in the state of Montana