If you suffer an injury at work, you are entitled to collect compensation to help offset some of your medical bills and lost wages while you recover from your injury. However, every so often we’ll run into situations where the employer is annoyed or enraged that their employee filed for compensation. Perhaps their workers’ compensation insurance premiums increased, they were hit with a fine from OHSA, or maybe they are mad they had to train and staff a new employee in their absence.
None of this is the employee’s fault, but sometimes the employer takes out their frustrations with the situation and fires the employee. It is illegal for the employer to do this, and when this happens, you can take legal action in the form of a wrongful termination suit. But what if your employer is a little less obvious about ending your employment with the company? We explain what you can do to help your lawyer build your wrongful termination case in today’s blog.
How To Prove Wrongful Termination
It’s worth noting that you don’t have to be terminated in order for you to pursue legal action against your employer based on their reaction to your work injury or claim. For example, if your hours were significantly restricted or you are now forced to travel to a different office when that’s never been the case prior to your injury, you may be able to successfully argue in court that your employer is unlawfully retaliating against you for filing a claim. So with that in mind, here are some tips for proving unlawful retaliation or wrongful termination following a work injury.
1. Hire A Lawyer – For starters, the first thing you need to do if you’re considering one of these lawsuits is to consult with a lawyer. They will be able to do the legwork when it comes to building your case and going on the offensive against your employer. These cases will be complex, and your employer certainly will have legal experts on their side, so it’s important that you bring a lawyer to the table as well.
2. Document Your Regular Happenings – Retaliation can come in many forms, so if you are all of a sudden asked to do a number of things you previously were not asked to do, it could be a case of employer retaliation. Collect paycheck stubs, write down your typical tasks each day of the week and clearly outline how things have changed since you filed a claim and returned to work. This doesn’t guarantee you have a case, but it helps to form the backbone of your claim.
3. Document Your Return Thoroughly – Employers, especially if they are working to take action against you behind the scenes, will not be keen on documentation or hard evidence that could help to support your claim. That’s why it’s important to document any abnormalities upon your return. They may argue one thing or try to sweep your allegations under the rug, but if you have concrete evidence about your hour restrictions, your required travel or your new duties, this will help give credence to your allegations.
4. Your Previous Work Record – As we mentioned above, it’s rare for an employer to make it obvious that they are terminating an employee because they filed a workers’ compensation claim. Instead, it’s usually passed off as “performance related” or a similar excuse. If you had never been written up or disciplined at work prior to the injury, but now you received three write ups in the first month upon your return, it could suggest that the company is laying the groundwork to fire you for performance reasons. Again, document anything out of the norm, and don’t be afraid to point to your outstanding performance prior to the injury.
5. Timing Is Everything – If you are terminated and you believe it was because you filed an injury lawsuit or reported sexual harassment in the workplace, it is crucial you start to build your case as soon as possible. We understand that you want to put the situation behind you and find a new job, but there are time constraints you need to be aware of. Also, it’s much easier to collect evidence and statements a couple days after your termination as opposed to a couple of weeks after your termination. Acting quickly not only ensures you don’t miss your window to file, but it also helps to preserve evidence.
If you believe you were unjustly fired or retaliated against by your employer after a specific incident, reach out to the experienced workers’ compensation lawyers at Hey Workers. We’ll work to develop a strong case and show that your employer acted illegally. For more information, or to see if you might have a case, reach out to our office today.
