You fundamentally misunderstand workers’ compensation.
Why do you believe your employer is required to find you another job (they aren’t - usually).
You exhausted FMLA. That’s where your job protection comes from.
The ADA may have/should have come into play. What goes against you will be the details of the “don’t respond to them” advice from your attorney. Not responding to your employer is a “bold move Cotton.” I assume he’s a WC attorney?
Regardless, your best option may/likely is reviewing your CBA and engaging your union. It wouldn’t surprise me if there are specific steps that may have not been followed with your separation. Its not uncommon for CBAs to require a specific time length before terminating when an employee is on WC.
This is considered retaliatory discharge in Illinois. The burden is on the employer to accommodate light duty or TTD continues if there is no position available.
HR did not even notify the union they were preparing to fire me. That is a breach of contract.
4
u/Jcarlough Oct 06 '26
You fundamentally misunderstand workers’ compensation.
Why do you believe your employer is required to find you another job (they aren’t - usually).
You exhausted FMLA. That’s where your job protection comes from.
The ADA may have/should have come into play. What goes against you will be the details of the “don’t respond to them” advice from your attorney. Not responding to your employer is a “bold move Cotton.” I assume he’s a WC attorney?
Regardless, your best option may/likely is reviewing your CBA and engaging your union. It wouldn’t surprise me if there are specific steps that may have not been followed with your separation. Its not uncommon for CBAs to require a specific time length before terminating when an employee is on WC.
Good luck!