May 01, 2025
Affected by the UPS Layoffs? You Might Need a Lawyer
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On April 29th, UPS announced that it will cut around 20,000 jobs – representing about 4% of its workforce – and close over 164 buildings by the end of the year. These moves will save the shipping giant over $3.5 billion. If you are among the employees affected by these layoffs, it is crucial to understand your rights and your options for legal recourse.
If you were laid off while on light or modified duty work, UPS may have violated your rights. You may also have legal recourse if UPS breached the terms and conditions of your contract. Employment law can vary significantly state by state. For the most accurate assessment of your legal options, contact Pond Lehocky Giordano for a free attorney consultation today.
What is considered light duty work?
Light duty work, also known as modified duty work, involves your employer assigning you to a less physically demanding job until you have healed from your injury and are released to your regular duty position. Alternatively, your existing job might be altered to fit within the restrictions set forth by your doctor. For example, your duties may be shifted from physical chores to administrative tasks, desk-based work, supervisory tasks, and other similar assignments.
Is it illegal to lay off an employee on light duty?
This is where it gets complicated. Being laid-off or terminated while on workers’ compensation benefits typically does not affect your right to weekly wage loss benefits, nor does it typically impact the amount of benefits you’re entitled to receive. In fact, such actions by your employer can put them in a difficult position when arguing that you should be able to return to work, even if not fully recovered from your work injury. Note that this may work differently from state to state.
What about at-will employment?
Almost every U.S. state has an at-will employment system (Montana excepted). This means that employers can terminate employees for any reason that doesn’t violate their constitutional rights (e.g., discrimination based on sex, race, or religious beliefs). Being out on workers’ compensation benefits doesn’t grant you greater protection against job loss than you had before your injury. However, remember that termination or layoff while on workers’ compensation or after returning to work following a work injury won’t necessarily end your entitlement to workers’ compensation benefits.
Contact Pond Lehocky Giordano today
If you were laid-off or terminated while on workers’ compensation benefits, it’s crucial to seek guidance from an experienced workers’ compensation attorney. This remains equally true if you suspect that UPS breached your contract. We can provide expert advice, protect your rights, and ensure you receive the benefits you are entitled to under the law.