The Utah Labor Commission provides employees certain benefits when they acquire an injury or illness that is work-related. One of these is the right to take paid leave to recover from the injury.
Also known as Workers Compensation Leave, these benefits have, however, provided certain instances where the employers would dismiss the employee availing of such interest. This kind of retaliation is prohibited by law and can subject the employer to provide further indemnities. The dismissal must be classified according to what prompted it to identify whether such violated the law.
If your employment was terminated while on your workers compensation leave, find out the possible reasons and what you should do about it.
If the employer informs the employee that he is terminated because of his paid leave, then it is illegal. The workers compensation leave is provided by law to protect and indemnify the employee from the harm that it acquired by virtue of his work.
It would then be against the law that for the same reason, a termination is justified. To avoid this injustice, a dismissal for the sole reason that an employer used his rightful claim of compensated leave is illegal. This action will make the employer further civilly liable to the employee.
However, just because the termination was done during the leave does not mean that it is for that sole reason only. An employee’s dismissal can also be borne out of other justifications. Poor performance, tardiness, misconduct, and insubordination are some of the legal cases that justify termination.
For these reasons, whether the employee is still on leave, an employer is within its bounds to terminate the employment. However, they must clearly show that these circumstances have existed before the workers compensation leave was given.
In sum, the legality of dismissal solely rests on the reasons behind it. If it due to the claiming of the right of the benefits of workers compensation, then it is illegal. On the other hand, if it is based on reasons not related to the work-related injury nor the fact that you availed of the workers compensation benefit, then the termination is legal.
If, for some reason, you think you are being terminated by the sole reason that you had a compensated leave, then you should get a specialized workers compensation lawyer that can help you retain your employment.
For 20 years, David & Sanchez have helped thousands of employees get their well-deserved benefits and retention of their employment in Utah. The firm specializes solely in workers compensation cases, which goes to show that they are experts in the nuances of the law and know how to give you the best result possible. The firm also offers a free case evaluation so that you will see where you stand on legal grounds.
To know more about the firm, you can contact them at 801) 746-0290 or (208) 258-7000, or you could also see the lawyers personally by going to 655 E 4500 S #120 Murray, UT 84107 or 4696 W Overland Road, Suite 162 Boise, ID 83705.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Davis & Sanchez