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Is Workers’ Comp a Cause for Termination?

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Many people have a fear of filing for workers’ comp in many states in the US. And while this policy was created to provide financial assistance for employees who had sustained injuries at work, it is instead causing more damage for those directly affected by the injury because of a huge possibility that they may lose their jobs.

Technically speaking, it is illegal to fire someone for the sole reason that they are under workers’ comp. If proven, this will cause major legal issues and backlash against the company. However, there are many loopholes by which employers may terminate employees who are under or have availed of the workers’ comp benefit. This is especially true in Colorado where employment is under an at-will basis. So, it’s important that you always consult with an experienced Greeley workers’ compensation lawyer to make sure you’re properly covered.

 

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What At-will Employment Means

At-will employment, according to the official website of the State of Colorado, means “that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation. Additionally, neither an employer nor an employee is required to give a reason for the separation from employment.”

There are certain exceptions to that policy though, which includes the violation of public policy where it clearly states that an employee, even in the absence of a contract, cannot be discharged or fired in connection to a workers’ comp claim that was or is being filed. However, the at-will employment principle allows termination for cause which is primarily the backdoor they use to find fault in your employment and ultimately take your job away from you. Termination for cause may include the slightest mistakes you’ve incurred, such as making too many mistakes. This may also cause you to lose workers’ comp benefits.

A Denver workers’ compensation lawyer will be able to assess the situation further, just a situation like that occurs and will be able to get you the proper coverage you would need.

How Not to Get Terminated

There are several offenses that may cause you to lose your job and your workers’ comp benefits if you’re not careful. Having incurred these things may actually strengthen the case of your employer towards rightfully terminating your employment. Things like insubordination, stealing, falsification of documents and even being late for work are considered legal basis for terminating for cause. So, the best thing you can do is to simply follow the rules as close as you can and try not to make any errors along the way. This will make it significantly harder for your employer to find anything that will supplement their decision to fire you.

Summary: We are Denver Workers Compensation Attorneys and Denver Disability Attorneys working hard to get you the benefits and rights you deserve.

 

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