Forced Resignation Due to Work Related Injury

Forced Resignation is Termination

Employers often, for various and generally unsound reasons, believe that an employee injured on the job needs  to be discharged even though he can perform the job!   The employer will try to get an employee injured on the job  to “resign” at the risk of being fired.  Some employers have the mistaken belief that a coerced resignation will be considered a “‘voluntary resignation” so that the employee’s unemployment benefits will be eliminated.

Employers know that most employees are justifiably concerned with having a “fired” on their work record and thus may be inclined to sign a resignation through this form of coercion. .  Although this forced resignation is clearly not a “voluntary resignation”, it will often result in a delay of the receipt of unemployment benefits as someone who leaves his job “voluntarily” is usually disqualified from receiving these benefits.  A hearing will be necessary to prove  the “coercion”.  However, It is clear that when an employee is told to “quit” or “ be fired”, he is “fired”.

Options

If an employee suffers a  disabling work related injury, it is the employers responsibility to provide “Workers Compensation  Benefits” which are usually a percentage of wages  plus reasonable and necessary medical treatment and rehabilitation for as long as the disabiblity continues. If the employee is “totally disabled” the employee may qualify for Social Security Disability Benefits. If the employee is able to perform within certain restrictions and  there is work available within those restrictions and the employer offers it to the employee, the employee must generally accept  the work or forego benefits.  However, if the employer refuses to accommodate the employee’s disability by offering the available  employment the employee may have a  Handicappers Discrimination claim.

Severance Agreements

Because a “forced” resignation often results in litigation, it is usually economically beneficial to both the employer and the employee to part on friendly terms. The  employee facing a choice of resigning or being  fired is well advised to seek counsel from an experienced employment attorney who may be able to negotiate a severance agreement prior to the termination.