[§386-142] Employment rights of injured employees. It shall be
unlawful for any employer to suspend or discharge any employee solely because
the employee suffers any work injury which is compensable under this chapter and
which arises out of and in the course of employment with the employer unless it
is shown to the satisfaction of the director that the employee will no longer be
capable of performing the employee's work as a result of the work injury and
that the employer has no other available work which the employee is capable of
performing. Any employee who is suspended or discharged because of such work
injury shall be given first preference of reemployment by the employer in any
position which the employee is capable of performing and which becomes available
after the suspension or discharge and during the period thereafter until the
employee secures new employment. This section shall not apply to the United
States or to employers subject to part III of chapter 378. [L 1978, c 201, §1;
gen ch 1985]