[CA] Can you be terminated while out on W/C ?

[cinder1ca]

I had surgery on my right arm on 3/2/1999. Yep, 1999. What was supossed to take 3-months recovery turned into years. The operation left me with nerve damage now referred to as CRPS / RSD in my arm and now in my leg. I was paid the TTD payments and then about 4 years ago, the doctors said I was PS. Unfortunately this occured right before I had to move out of California to live with my family in another state. Yes, my W/C case is still open.

My employer [big aerospace company] sent me a change of status notice just prior to leaving California saying I was terminated. I have tried and tried to get an explanation as to why / how / what they coded this in the computer and no one can or will give me an answer.

I was under the impression that while I was out on a work related injury, I could not be terminated. I knew I would not be getting a weekly paycheck, but being terminated I did not expect.

Can anyone offer some helpful advice / information on this.
Thank you!

[1171]

impression was wrong. facts are better.
sounds like your employment is covered by the Family & Medical Leave Act.
you get 12 weeks of job protection.
find out more here
http://www.dol.gov/esa/whd/fmla/

a union contract may offer it's member more job protection. contact your rep for more information.

[inpainokla]

well you was under the wrong impression because you can be let go while out on work related injury i beleive there only required to hold your job for 12 weeks some fmla hoopla someone else will chime in shortly to explain better

[Bernie57]

You said you moved out to CA, what state did you get hurt in?
I worked for Home Depot for 4.5yrs, then tore my L rotator cuff
3 inches. I was told that when I came to Home Depot, All of that new employee paperwork included a statement that if I got hurt at work and did not return in one yr to date that I would be terminated.
Waited 10 months for a failed surgery, so 2 months later I was unemployed. Less than a yr ago I was picked up by SSD. I am now concidered totally disabled. This happended in the great State of NY
Bernie

[bagpussinamerica]

I was terminated within one week of filing for w/c. And that was done in a short email. It just depends on your contract, etc with the employer. I hate being fired for something I had no control over. Not like I was late for work, or never showed up, or had bad attitude. Nope. Just did what I was told, got hurt, got fired. Short and sweet.