Can you terminate an employee while on workers' comp?

For instance, if an employer needs to conduct layoffs due to economic reasons, and the employee on workers' compensation would have been included in these layoffs regardless of their injury or claim, termination could be considered legal. Similarly, if the employee had been underperforming or violating company policy prior to their claim, these could also potentially serve as valid grounds for termination.

However, employers cannot fire an employee simply because they are injured or have filed a workers' compensation claim. This is considered retaliation and is against the law in most jurisdictions. Similarly, employers cannot discriminate against employees on workers' compensation, such as by treating them differently than other employees with regard to their benefits or job duties.

If an employee feels they have been wrongfully terminated while on workers' compensation, they may have grounds to file a lawsuit against their employer. Therefore, it's always recommended that employers consult with a legal professional before proceeding with such a decision.