If you are an injured employee, it is important to understand your rights to claim workers’ compensation. It is against the law for an employer to retaliate against you for filing a workers’ compensation claim or engaging in legally protected activities such as reporting discrimination or harassment, or seeking a reasonable accommodation for a disability or religious practice.
Termination
In the United States, most employment relationships are “at-will.” That means that your employer can fire you for any reason or no reason at all.
Despite this, it is illegal for an employer to terminate your employment in retaliation for filing a workers’ compensation claim. This is a form of discrimination under state laws and federal regulations.
It is also a form of constructive discharge. A constructive discharge happens when the work environment is so intolerable that an employee cannot stay in the job.
An employee who is fired for cause might be a victim of misconduct like violations of company rules, ethics violations, theft, breaches of contract, harassment, insubordination or violence. These employees are usually not entitled to severance pay and may be ineligible for unemployment benefits.
Demotion
Getting hurt at work is not only debilitating, but it can also be emotionally devastating. Even though injured workers receive medical and income benefits, they worry about how their lives will change when they return to work.
One of the worst fears that injured workers have is being demoted for applying for or receiving their Workers’ Compensation claim. This can result in significant financial losses if the employer is found to have retaliated against the worker.
The law is clear that an employee can file a lawsuit against their employer for retaliation if their employer engages in illegal or unfair practices, including the demotion of a workers’ compensation claimant. If you believe that your employer violated your employment rights, you may be entitled to collect lost wages and benefits, mental anguish, and punitive damages.
Pay Cut
During economic downturns, corporations often implement pay cuts to keep as many employees as possible. This can be done in a number of ways, including layoffs and furloughs.
A pay cut may be voluntary or involuntary and is usually temporary. It can impact a worker’s raises, bonuses, and benefits.
It’s important to understand that a pay cut isn’t always a bad thing, and it may even open up new opportunities! If it’s an opportunity for a better job with more perks, then it could be worth the sacrifice.
The decision to take a pay cut is a complex one that weighs financial risks against the emotional and psychological rewards of the change. So, before you accept a pay cut, make sure it’s feasible for you and your family. If it isn’t, it might be time to start looking for a different job. This will be easier to do if you have some budgeting and saving plans in place.
Change in Job Responsibilities
As business priorities shift, some staff members may be given new responsibilities or duties. This can be an excellent way to retain a high performer, but it’s important to make sure the change isn’t punitive and that the employee understands why they’re being shifted.
If your employer changes a worker’s job responsibilities for an illegal reason, that’s considered Workers’ Compensation Retaliation. This could include a move to a day shift, demotion, or pay cut, among other actions.
Retaliation can be hard to prove, but it’s essential to document the retaliation and show it was due to protected activity. This can be as simple as keeping a journal or as detailed as filing a complaint.
As with all retaliation claims, you’ll need to be able to prove that the employer’s action was “causative.” This means that they were likely motivated by your protected activity. For example, if you’re a whistleblower, you may need to show that your supervisor retaliated against you for reporting improper conduct at work.
