Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Based on your account, if you had filed a workers compensation
claim and notified the employer you were out and the employer is terminating you for no call no show while being out workers compensation you have a claim against the employer for retaliatory discharge under the workers compensation law and also (if your employer has 50+ employees and you have been there at least 12 months) you could have a claim for violation of your rights under the Family and Medical Leave Act which grants you 12 weeks of protected leave (and it runs at the same time as workers compensation).
You would file your FMLA
violation with the Department of Labor
if you choose or you can add it to your suit for retaliatory discharge under your workers compensation claim.
Additionally, if you are released you can file for unemployment and you will have to file an appeal and show the hearings officer they terminated you for no call when they knew you were out under workers compensation and also knew you were on leave protected under FMLA and as such you would be entitled to benefits.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.