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If you sue a company for personal injury, can they legally fire you?

If you sue a company for personal injury, can they legally fire you?

personal injury
BGrimey asked:


I was recently injured at my job due to equipment failure. The accident resulted in a fractured elbow therefore I`am off work for several weeks. I have obtained a lawyer and he is working to reach a settlement. Anyway, can the company fire me for seeking suing them?

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Comments

  1. Lavrenti Beria says:

    No, but that won’t stop them from finding some legitimate reason if they want to fire you.

  2. michele says:

    If you live an an “at will” state, yes, they can.

  3. Adam B says:

    The answer will vary by state. Generally, if they fire you within 6 months (the time period varies wildly) of your claim, there is a presumption created that they fired you out of retribution, and they must show just cause.

    Public policy dictates against firing people for pursuing their legally guaranteed rights. In many places, this overcomes even the at-will employment doctrine.

  4. Blue October says:

    employers can you let you for pretty much nothing.
    they can call it a layoff or termination or whatever.

    In California most employment is “At Will” employment. this means that either you or the company can terminate your employment at any time and for no specific reason.

    so…i do agree…they will eventually find a reason to let you go…start looking for another job now….and do not tell the new company about the law suit.

    good luck :)

  5. ee says:

    Depends on where you live. In NC for example, an employer can terminate your employment at any time. It’s a hire/fire at will kind of state. Look into your state’s labor laws.

    (on a side note, why would you want to stay at a company that you are suing? Talk about awkward!)

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