|Author||Subject: Re: Replaced!!1|
|Steve|| Posted At 16:13:50 07/19/2001
Yes, the employer can terminate you. He can't fire you because you filed a work comp claim, but he can replace you if he needs to do so in order to keep his business running. When you are able to return to work, the employer is obligated to re-employ you if there is a position available...and that doesn't mean firing someone so you can have their job. Think about it. A mom and pop restaurant has only one dishwasher. If he is injured and out for 3 months, the employer needs to hire someone to fill the position. Now when the injured worker is ready to return to work, should the employer fire the replacement worker? I'm not saying it's fair, it's just the way it is in Oregon.
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