A freind of mine got a job monday of this week and today he was called into the office and let go because 2 years ago he had a claim with IL wokers comp. The employer today told him they had to let him go because IL wokers Comp wouldnot cover him Can they do this?
On the Job application, did it ask if they ever had a Work Comp Claim? If so, and your friend didn't put an answer there, then yes they can let them go.
But, an employer can just about say anything verbally, it's what they put in writing that counts.
I was thinking in IL they could not ask you about prior medical history on a job app.
Illinois has some of the most proworker laws in the country. Have your friend get a free consultation with a employment lawyer. Employers have some pretty tight restrictions on what they can ask about medical conditions. If it doesn't affect the ability to do a job then it is illegal.
Don't rush things people about getting consule and such. being only a couple days on the job, and we don't know all that goes into the story.
Illinois, can release any employee for any reason. It at will State and is allowed, just like a person is allowed to quit. If this person didn't complete their application, or they lied on it, they can be dismissed.
The story given doesn't even sound right, for their saying Illnois Work Compwon't cover them. Well, Illinois Work Comp doesn't insure people does it. It's a Federal / State Board.
I agree, that statement sounds screwy. Federal law now prohibits employers from asking any health related questions. They can describe or show the job to the applicant and ask if they can perform the job, but they are not allowed to ask about physical or medical conditions. Did your friend include the job where he was injured on his application, or did he hide it? If he omitted that work history he falsified his application, and the company has every right to fire him. Badboy is right as well, that employers can fire someone in an at will state for almost any reason, as long as it is not based on race, sex, medical condition, etc.
After I was hired for my present job I had to fill out a disclosure form. One of the querstions they asked is if I ever had WC case. I answered the questions truthfully and I have been with this company for two years this fall. It did say on the form that if I don't tell the truth I can be released. I live and work in Illinois.
dsny1mom
From what I have understood an employer cannot ask about health issues until they have offered you a job. Once that happens they can ask and do. If you don't disclose any prior health problems it is grounds for immediate dismissal. This is just my understanding. I'm sure there are many interpretations. As in IL, in PA the employer can pretty much do whatever they want for almost any reason as long as it's not disciminatory.
Cap and Ace, that is correct about asking for medical information.
Asking if they ever had a Work Comp Claim in the past, isn't asking about any medical though. It's a question on many New Hire On Job Applications. Then if the person is sent to a clinic, evaluation and medical capability is paid for by the employer. Once the person is hired on, or the job offer has been finaled, any modifications or work Restrictions then can be talked about. But, if employee doesn't tell and advise employer of any medical restrictions they need, and employer later finds out, employer can release said employee for failure to address it. It is at this point, the employer can elect to test the person, or elect to say they don't have any work that meets such guidelines. If the employer elects in any situation to hire a person, there is always a grace period the employer is allowed to test the person hired.
This person, as a friend of this poster, has no grounds to stand on in the State of Illinois, as to the Story given here on this Thread.
For if there was any grounds for them to do anything as per Illinois Labor Laws and Rules, I would have been the first to jump on it. For I know those Laws and Rules, as much as I know the Work Comp Laws and Rules. Plus, Illinois Unions are based off the State Labor Laws and Rules, with some added protections in Union Contracts. But, being just hired they were not even in a Union yet.
OldManOnCampus, just a side note on Illinois Employment Attorney's. They don't generally do a first time consultation for free. In fact, many want a $500.00 amount up front to just talk to them the first time around. If then they think a person has a case good enough to make money, then they just might take the case. In this case here on this Thread, there isn't even a slap on the hand to take place by any court system. And if there was the amount would be so low, no Attorney would touch it.