Legal News You Can Use: I Filed For Workers’ Comp: Can I Get Fired?

If you suffer an injury on the job in Connecticut, the law protects you when you file a workers’ compensation claim. However, some employers may try to find ways around these anti-discriminatory laws. 

Your employer is not going to tell you they are terminating you because you filed a workers’ compensation claim. Most employers know it is illegal. Instead, an employer may try to find other reasons to fire you. 

Your type of employment matters

Like most states, Connecticut is an at-will state. Your employer can terminate your working relationship at any time, for any reason, as long as that reason is nondiscriminatory. But retaliatory termination due to a workers’ compensation claim falls under the discrimination category. The law protects you in this case. 

If you are a contracted worker, your specific agreement could contain a common termination clause. The clause usually stipulates that the employer can terminate you if you are unable to work for a certain length of time. Employers can legally use this provision to fire you if you cannot return within that period. 

It is important to note that retaliation is not the only prohibited rationale for termination. Your employer cannot fire you for filing a discrimination claim or for refusing to violate state or federal law as part of your job duties.

Reasonable accommodation hardship

If you can return to work after an injury but have permanent restrictions, you and your employer must discuss reasonable accommodations. Under the Americans with Disabilities Act, your employer cannot discriminate against you because you now need a reasonable accommodation. 

However, the ADA also states that if providing the required accommodation presents an undue hardship to your employer, the law may not require it. Your employer might try to use this to fire you, unfairly citing undue hardship as the reason for termination. 

When an employer retaliates against you for filing for workers’ compensation or otherwise tries to discriminate against you, you have protections under state and federal law. Pursuing a wrongful termination or disability discrimination lawsuit gives you the right to obtain compensation for the damages you suffered.

Attorneys at Suisman Shapiro can discuss Worker’s Compensation with you and answer your questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

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Senior Moments: Thoughts (all Positive) on Turning 91

Editor’s Note: I first met John Guy LaPlante when we both worked at the now sadly departed ‘Main Street News.’ I was a beat reporter covering Westbrook and he was busy writing columns about his most recent adventure, which happened to have been going round the world! We went our separate ways after the newspaper closed but stayed in touch.

He followed up that first amazing trip with another focused on Asia, and then at age 77, he joined the Peace Corps! He was the oldest volunteer the organization had ever accepted and was sent to Ukraine, where he served his full term of two years. John has written books on each of these experiences, which make fascinating reading.

Quite simply, he is one of the most remarkable people I have ever met. He suffered a serious accident in his former Deep River home, but made an extraordinary recovery and has just returned to his new home in Morro Bay, Calif. after a lengthy bout of double pneumonia. But does he complain? Never. John is probably the most positive, optimistic, cheerful person I have ever met and this column hopefully helps you understand a little of what makes him tick. He really is an example to us all.

Read more about John and information on his books at this link.

John Guy LaPlante

Today, April 26, I turn 91. Wow!

So of course today will be the first day of my 92nd year on this planet. Amazing.

Know what? I never, never thought I would live this long.

Like lots of people over 65 or 70, now and then I’ve wondered how long I’ll be around.

So recently I researched it. I checked at the Social Security website — 3.7 more years for me. and 4.5 for ladies. But those are averages. Some will live longer, some shorter.

Then I wondered, what are my odds of reaching 100? No idea.  I haven’t come up with that number yet. Actuaries know that. I don’t know any actuary.

I do believe I have a better chance to hit 100 by living here in peaceful and quiet and crime-low Morro Bay than in so many other places.

Anyway, here are a few reasons why I do think I might live to become a centenarian.

I’ve never smoked, well, since the age of 17.

I’ve never drank — oh, at Sunday dinner maybe, or on a special occasion, but just a small glass of Manischewitz.

And very important, I’ve always, or nearly always had work of the kind that I enjoy. Writing. Which is what I am doing right now. Although I no longer get paid for writing. Shucks.

As we know, so many people work at something so humdrum that they just can’t  wait to call it quits and start collecting Social Security.

So do I hope to hit 100? Not if I have to end my days suffering through some awful, monstrous, hopeless whatever.

Or in pain. Or being kept breathing through a machine. Or being a burden. Or with no loved one by my bed to hold my hand.

No problem there. I have three kids, and they are great, as are their spouses.

Of course, there is more doubt about all this now than there would have been a few months ago. The fearful Covid-19  pandemic!

I’m a perfect candidate for that, by the way. I’m very old as you know. And I was recently hospitalized for double pneumonia. From what I’ve read, that’s a very ominous possibility.

At times now and then, like you I’m sure, I’ve wondered what life is all about.

Is it an adventure? A highway we are plunked down on for better or worse and can’t get off of until we run out of gas, so to speak?

Is it a religious prelude to heaven or hell?

Or a good opportunity to use whatever talents we have been handed to make a better life for ourselves?

Or just a mystery, a very tough one, to try to fathom?

Or a bit of this and that? Please, what do you think?

And the big, big question now, is life over when it’s over? Or is there another life for us?  People with their smarts working have been pondering that question for eons. I believe it’s over. But I may be wrong.

Anyway, one thing I’m sure of is I’ve been most fortunate.  And in many ways.

I was born male. I never questioned that. I was fine being male. In recent years I’ve been astonished to find out many males are unhappy about that. So unhappy they will go to great lengths do change that.

I was born to a wonderful father and mother. They nurtured me in many ways. Loved me and showed that to me time and again.

I was born white, which many consider a big plus in our mixed society.

And was born American, which I’m sure you won’t disagree is more desirable than being born Nigerian or North Korean or Haitian or Costa Rican or citizen of so many other countries.

And I was born with an IQ a wee bit higher than 100, so I’ve been told . That’s a pretty good plus.

And have been blessed with better than average health over these many years.

And so lucky to have been privileged to get a good education. And of course that opened the door to numerous opportunities. And certainly saved me from ever having to stoop to cheating or trying something criminal to make a living.

Also, so fortunate to have become a vegetarian. Increasingly that’s considered a more healthful way of life. Yes, definitely, though I did that also because I liked the idea of not having to kill animals to fill my stomach.

And I’ve always had a lot of friends. I feel good about that.

Now another big question. A great big one. Have I thought of how I’d like to die?

Have you? Well, it may be you’re not old enough yet to have a question like that come to mind.

I have indeed given that some thought.

For sure before my health fails to the point that things really start to become hard and difficult. My sixth sense tells me that may not be that far off.

But definitely not the way my good friend Cam died ten days ago. No, no.

We met as freshmen at age 13 and were friends all through prep school and college. Early on, we found out we were born on the very same day, April 26, 1929! That became a special bond that kept us close these many, many years.

I became a journalist plus other things. He a Catholic priest. He loved being a priest and for the very best of reasons and he became a fine one.

Cam–never did I ever call him Father Cam–retired only some 15 years ago, long after he could have. And did so quite reluctantly.

We always kept in touch. It was important to us. Rarely did we miss on April 26.

Well, eighteen months ago Cam began slipping. A kind and gentle man, he began turning people off, fellow priests and longtime friends and even his own loving sister. Alzheimer’s! And it got worse. Hard to believe, but he had to be institutionalized. And then quickly he died.

May I be spared an awful ending like that.

His death was a huge emotional jolt to me. I’ve thought about it time and again.

On a couple of mornings I thought of him the minute I opened my eyes .

As for me, I’ve written my will and done everything else that goes along with that.

So, getting back to that big question, how would I like to die?

Well, while still reasonably healthy. Before the pain and the misery kick in. I’d like to go to bed here in my home one night and close my eyes … and simply die.

That would be nice and easy for me, and for my family and friends also.

But not, not quite yet.

So, friends, how does that sound to you?

And right now, what?

Well, it’s a beautiful day.

As usual this afternoon I’m going to hop on my tricycle and pedal it and pedal it.  For the exercise and fresh air and the fun of it. I do that on every fair day.

Often I’ll stop at Albertsons Supermarket for groceries. I have a big basket on the back of my trike, which is great for that.

Of course I put on my face mask for that and am careful about social distancing. Which I do whenever necessary.

Then I’ll pedal to McDonald’s for my daily cup of coffee. McDonald’s is take-out only now, of course. I used to like to read the paper in there. No more.

And today, my birthday, I’m sure I’ll be able to squeeze that in. But I’ll skip Albertsons. I will pedal longer to celebrate the fact I can still do that.

If things were normal, there would be a party, and there would be a birthday cake with a lot of candles on it, maybe even 91. Some jokester might do that. And I’d be expected, even cheered on, to blow them all out. No way!

Oops, not to worry. There’s not going to be a birthday cake. There’s not going to be a cake. No candles. And no party, either.

Social distancing!

But I’ve been getting birthday cards and phone calls and emails. And that’s been wonderful.

And in 365 days, the gods willing, let’s hope Covid-19 will be over. And then on my birthday, I’d love  a little party and a cake with candles on it. Yes, sir.

Maybe 8 or 10. But please, please, not 92!

Sun Shines on Supporters Cheering on Emergency Services Parade as it Winds Through Lyme, E. Haddam & Salem

This sign summed up the spirit of the whole parade! Photos by E. Bjornberg.

LYME — The sun shone brightly as the long parade of emergency vehicles, fire trucks and police cars wound their way through the streets and lanes of Lyme, East Haddam and Salem yesterday afternoon. Visit this link to view a wonderful video of the parade taken by Emily Gerber Bjornberg.

People stood at various points cheerfully gathered in socially distanced groups to cheer on all the vehicles, which were loudly sounding their horns and sirens.  The parade, which included vehicles from Salem and East Haddam as well as Lyme, took more than 10 minutes to pass in its entirety.

There were signs of appreciation everywhere.

Each corner of Haddam Four Corners (in photo above) was populated with parade supporters.

After the parade was over, Bjornberg spoke for many when she said, “It was a lovely and endearing event.”

Death of Charles Frederick Dey, Formerly of Lyme, CT, Announced; Head of Choate-Rosemary 1973-1991, Winner of Numerous Awards

These are extracts from Mr. Dey’s full obituary, which was published in the Hartford Courant at this link. 

On April 16, 2020, Charles Frederick Dey died peacefully at home in Walpole, NH, at the age of 89. Charley, or “Doc,” to his Dartmouth friends, wanted to be remembered first and foremost as an educator who worked to bring about positive change. During his 60 years as a teacher, an administrator and a social entrepreneur, Charley fought for racial equity and equal educational opportunity …

Following eighteen years of service at Choate Rosemary, Charley and [his wife] Phoebe moved to Lyme, CT. Together they tended to gardens and bluebirds in the fields surrounding their 1720’s Cape. Before long, Charley was bringing his experience and passion to the disability world …

Although Charley was never one to seek the spotlight, it often found him. In 2002, he was awarded the Tucker Foundation’s first Lester B. Granger Award for his dedication to education, racial equality and public service. He received the inaugural Purpose Prize from Encore.org in 2006, given to social entrepreneurs who in their later years contribute substantially to society. Harvard’s Graduate School of Education honored him with an Alumni Council Award in 2010, in recognition of his “deep and lasting impact on the world.” …

Despite Wet Weather, Rousing Parade of Old Lyme Firefighters, Police, and Emergency Services Lifts Community Spirit

This onlooker watched intently as the firetrucks rolled by. Photo by S. Thompson.

OLD LYME — It may have been a damp afternoon but spirits were still high as Old Lyme’s Police, Fire and Emergency Service vehicles formed into a parade at Lyme-Old Lyme High School and then wound a route through the town. As one reader wrote, “The sound was deafening,” and another sent us a video to prove just how noisy (in a good way!) it all was.

The Hine family were eagerly awaiting the arrival of the parade. Photo by D. Coleman.

Horns were blaring, sirens were sounding and all the crowds gathered along the route were cheering.

Standing in the Lords Meadow neighborhood, Jay and Brandy Campbell and their children, Ryan and Emily, along with the family dog, Boomer, offered thanks to the emergency services, fire and policemen with a wonderful sign. Photo by D. Coleman.

The event gave an opportunity for reciprocal thanks from the community to the public and emergency service members for their support and vice versa. and from those latter to the community for all their support.

Old Lyme residents were out in force variously holding homemade signs of thanks, clapping and waving as the parade went by, and to quote Suzanne Thompson, who lives in Beach Farms, “Some tears were shed.”

Photo by S. Thompson.

Residents cheered enthusiastically when the emergency vehicles and fire-trucks came by on Shore Rd.

The parade moves along Ladyslipper Lane. photo by D. Coleman.

Thompson added enthusiastically, “[I’m] so glad they came by our neighborhood!”

A police car travels along Rte. 156 alongside the Beach Farms neighborhood. Photo by S. Thompson.

Watching the parade at the intersection of Sill Lane and Saunders Hollow Rd. (see photo below) were the McGlinchey family, from left to right, Tracy, Griffin, Carter and Brynn.

 Photo by D. Coleman.