[2nd amendment mama]

just like you can't terminate someone because they were injured on the job,

In CT you can terminate someone while they are fighting a Worker's Comp claim - it happened to me. My doctor ordered me out of work - the company was fighting the claim and they terminated me because they claimed I "refused" come in to work. It was a mess! Since they were fighting the claim they also didn't have to pay me comp while the dispute was going on. The whole mess took almost a year to come to an end. They just hope that you'll run out of money and stop fighting!

[wimpycat]

That's what I said. In NC, you can terminate someone on worker's comp, you just can't terminate someone because they filed a claim. My company has terminated people on worker's comp, some for performance issues, some for not returning to work even though the doctor released them to work full duty or light duty. The thing is, however, that the company must treat everybody in similar situations the same.

The same general rule of treating everybody the same in similar situations would also apply to a reservist called to active duty. IF this reservist's job was eliminated as part of a restructuring or downsizing--meaning that other non-reservist employees were also terminated at the same time as he was, then this terminated reservist will have a hard time winning any discrimination case.