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Can my boss fire me or can I be "laid off"?

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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-03 09:14 AM
Original message
Can my boss fire me or can I be "laid off"?
I fell at work, twisting my knee. The result: complete tear of the AC Ligament (holds knee to the tibia) and partial tears of 2 menisci (shock-absorbers). I may need surgery. But I can walk and can return to work provided all I do is sit and type.

My boss has replaced me although I've only missed seven working days so far.

This is a one-man attorney's office, not a corporation.

He knows I can come back.

Is this a wrongful discharge or are the rules different for small businesses?

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molly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-03 09:15 AM
Response to Original message
1. Rules are different for small businesses
have you tried talking to him?
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CO Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-03 09:17 AM
Response to Original message
2. Call Your State Wage-Hour Division
Find out what the law is in your state.
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Catfish Donating Member (533 posts) Send PM | Profile | Ignore Tue Nov-18-03 09:17 AM
Response to Original message
3. Don't take my word for it
but in "at will" states I think you can be fired or let go without a reason. Only exceptions are things like violating civil rights. Anyway, that's what has been explained to me but there are certainly others here who know more about the subject.
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MaineDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-03 09:23 AM
Response to Original message
4. You "fell at work"
Call me cynical but it seems to me you have a Workers Comp claim. I'd find a (better) lawyer and talk to her/him about this.

It sounds like wronglful discharge to me but I'm not a lawyer.
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Catfish Donating Member (533 posts) Send PM | Profile | Ignore Tue Nov-18-03 09:25 AM
Response to Reply #4
5. Good point
Aren't most injuries that occur at work or while performing work duties covered under Worker's Comp?
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