Summary
If you were wrongfully terminated due to PTSD and your last paycheck was withheld, you may have legal recourse. You can file a complaint with the Missouri Commission on Human Rights (MCHR) or the Nebraska Equal Opportunity Commission (NEOC). Additionally, the Equal Employment Opportunity Commission (EEOC) handles federal claims. If you have difficulty getting an interview with the EEOC, consider seeking legal advice from a local employment attorney or contacting a legal aid service. Time limits may apply to these claims.Full Conversation
Jamie
Hello Jamie! Nice to meet you. How may I assist you with your legal concerns today?
My son was driving a company truck, during his work hours. He wrecked the truck and did sustain some injuries to his hands and was banged up a little bit. He was terminated . I was wondering if it was legal to terminate him for this?
Hello Jamie, it's important to know that Louisiana is an 'at-will' employment state. That means an employer can generally terminate an employee for any reason. However, if your son's termination was due to him filing a workers' compensation claim after the accident, that could be seen as retaliation, which is illegal.
This was in Arkansas
Hello Jamie, Arkansas is also an 'at-will' employment state, just like Louisiana. But, in Arkansas, it's considered wrongful termination if an employee is fired for filing a workers' compensation claim. If this is the case, your son might have a legal recourse.
He has not filed anything. The day after the incident, he felt like he needed to be checked out due to hurting. He said they was giving him 3 days off, then ended up terminating him before his 3 days were up. It was 2 days after the incident
Hello Jamie, under Arkansas law, your son might have a case for wrongful termination if it can be proven that his firing was connected to the incident. If he plans to proceed, it's crucial to consult with an employment law attorney as soon as possible.
Thank you so much. I do fill like he was terminated wrongfully. He hasn't even been there a year yet and they had him driving an auger truck. I could see days off, but termination was a bit much especially while being hurt
I understand your concern, Jamie. If you believe that your son was wrongfully terminated, it's crucial to gather all relevant documents and evidence related to the incident and his termination. This will significantly help an employment law attorney in determining the best course of action.
thank you
You're welcome, Jamie. If you have any more questions or need additional information, don't hesitate to ask. Best of luck with your son's situation.