Worker's comp and firing?

you need to clarify a few things:

were you still on WC when terminated or had you been released without restrictions?

if you had NOT been released then your WC would have continued to pay you.

if you had been released then the absenteeism was NOT related to the injury...........

did WC continue to pay you or were you released?

if you had been released from WC then:

unless you had a contract that stated otherwise you were employed "at-will" , you were terminated for absenteeism. this is 100% legal regardless of why you were absent...............

the employer does NOT have to excuse any absence even medical ones except those covered by FMLA (or similar state program).

in this case:

the reasons for the absences are relevant only when it comes to the employer showing "cause" for the termination. even though it is legal to terminate an employee for absenteeism for the employer to contest unemployment they must show cause for the termination.

if you had NOT been released then WC should have paid you until this claim was settled. if WC had not released you and they did not pay you then you have issues that needed to be addressed but you are probably beyond the statutes of limitations..............

in either case most likely the only option you have is to move on.........

Well, Amy, the key in your own words is your use of the phrase "one of the days". This means that there were other days that had nothing to do with work comp, therefore it is not likely wrongful termination. You may be able to go to court and bring up that "one" day, but if the others were not related, and it sounds as if they aren't, you are without luck my friend. A company can terminate someone who is on workers comp as long as that termination is not based upon the injury itself. In your case, it certainly doesn't sound as if it was. You would have to prove that your employer based everything on that one particular instance. Did you make sure to remind them about your appointment that day? When they terminated you, did you bring up the fact that one of the days was "excused" as it was for a work comp treatment? This is three years later, so your chances of getting anything done at this time is minimal.

I'm sorry, I know that's not what you wanted to hear. But the time to act was when it happened. I'm sure you're bringing it up now because it still bothers you and I'm sorry for that. Just let it go and make sure your attendance at any other job is stellar from this point forward. Chalk this one up to experience. I'm sorry.

Good luck to you.

There is a statute of limitation on when you can file a complaint for wrongful termination and I believe you have unfortunately gone beyond that time frame. You can check with your local Department of Labor to see whether you'd still be able to file a complaint. If they advise that you can you could check with the doctors office that handled your workers comp injury about documentation to cover the visit. Would that one day have kept your attendance low enough to avoid the termination? If it wouldn't have made a difference and you can't prove they fired you for anything other than attendance then you should just move on and let this go. Best of luck!

well your appointments did not have to made during working hours, there is no law that says you can not be let go while on Workman's comp unless you are part of a collective bargaining agreement, that specifically says otherwise