Legal Question in Employment Law in Indiana

I dislocated my shoulder at work last October. I am now ready to go back to work after surgery and physical therapy only to be told that I have been laid off. The company laid off a number of employees that it deemed needed to go for attitude problems, work habits, or whatever. Prior to my injury, however, I was looked upon as the "go to" guy in my department and am genuinely at a loss as to why I was laid off. Is it even legal to lay off someone who has been out due to injury?


Asked on 5/11/11, 9:18 am

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You may be looking at a retaliatory discharge claim and should speak with your comp attorney.

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Answered on 5/11/11, 9:50 am
Kenneth Lauter Kenneth E. Lauter, PC

Was your injury work related? Did you file for and collect workers compensation benefits? Is this a permanent layoff? If so, you may have a claim for wrongful discharge. Please feel free to contact me at 317-635-2200 if you would like to further discuss.

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Answered on 5/12/11, 6:23 am


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