wrongful termination after injury

This is a discussion on wrongful termination after injury within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; I was on a performance improvement plan with my company, and fulfilled the requirements of this plan. The plan provided by my company states that I am "recommended for employment ...

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  1. #1
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    wrongful termination after injury

    I was on a performance improvement plan with my company, and fulfilled the requirements of this plan. The plan provided by my company states that I am "recommended for employment to continue" based on my meeting the outlined terms of my performance plan by it's completion date. However, today I was terminated from this job without explanation. I was injured on the job yesterday and had to go to the emergency room.I have been provided no documentation explaining why I was terminated despite my improved performance. This improvement plan was the only thing that in any way stated need for change or improvement on my part, but I was fired despite doing exactly what was outlined for me to do to get better and keep my job. Is there anything I can do?


  2. #2
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    If I were in your shoes, I will file a complaint with the Labor Commissioner.

  3. #3
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    You can pursue an unlawful dismissal, however the burden to prove you were discriminated against is on you. Just because employment continuation was recommended, does not mean they must follow the recommendation.

  4. #4
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    You should consider either contacting local employment law counsel or the state agency which handles worker’s compensation claims.

    Based on your post, it appears your employer discharged you for having an injury on the job. (Considering that you had already satisfactorily completed the terms of the performance improvement plan, the plan should not have legitimately factored into your discharge.) Accordingly, you may very well have legal recourse to successfully challenge this discharge which appears retaliatory.


 

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