Can you provide me general nformation on an injured workers' right to reemploymnet - an employer's obligation to rehire an injured worker - meaning is there a state statute or case law that says even no duty to rehire for same for the following states : Arizona, California, District of Columbia, Iowa, Maryland, Mississippi, Nevada, New Hamphire, New York, North Carolina and North Dakota, South Carolina, South Dakota, Tennessee, Texas, and Wyoming
Hello and welcome,Providing a statute or case in each of the requested states would likely take quite a few hours and that is likely the reason you have not received an answer to your question. It would be best, XXXXX XXXXX need this information, to contact an attorney or paralegal to perform legal research for you as that is beyond the scope of this forum.Most states do have laws in place prohibiting employers from retaliating against employees for filing a workers comp claim. Therefore, rather than there being an affirmative obligation to rehire a worker, employers are normally prohibited from retaliating against them in the first place and therefore must allow them to return once they are released to work.
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so you will not be able to perform the research for the antiretaliation statutes ?
I can look for a couple of them, but you are asking for 16. No, I am not willing to spend that kind of time for the amount posted.
I understand. If you could do NY, North Carolina and North Dakota would that work ?
I am looking for the statutes now.
Here is a link to the NY statute:http://law.onecle.com/new-york/workers-compensation/WKC0120_120.htmlFor NC, the citation is at: N.C. Gen. Stat. §§95-240 to -245Here is a case citing the code:http://www.ic.nc.gov/ncic/pages/court/065317.htmFor ND, the citation is at: N.D. Cent. Code § 65-05-37. Here is a link setting out this and other anti-Retaliation statutes:http://www.kitchinlegal.com/employee-rights/Whistleblower-retaliation-claim-ND?agree=yes
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