Termination or Discrimination after a work Injury or Workers’ Compensation Claim
Section 451 of the Texas Labor Code makes it impermissible to retaliate against an employee for filing a workers’ compensation claim. Likewise, under New Mexico law an employer may not retaliate against an employee for filing a workers’ compensation claim. If an employee believes that he or she may have been terminated because they filed a workers’ compensation claim, that employee should seek legal advice.
Signs Your Boss Is Retaliating Against You After Filing a Workers’ Comp Claim
Most employees don’t expect termination or discrimination after a work injury or workers’ compensation claim. Unfortunately, however, it can happen. Here are a few signs you’re facing retaliation from your boss:
- Demotion: If your boss assigns you a lower-ranking position or takes away some of your responsibilities soon after you file for workers’ compensation, it can make you feel downright awful. Unfortunately, this is a common retaliation tactic.
- Reduction in Pay: Some employers may reduce their workers’ pay as an act of retaliation. Losing pay can definitely be devastating and cause you to struggle financially.
- Exclusion: If your employer is upset at you for filing for workers’ compensation benefits, he or she may try to exclude you from work meetings and activities. Other employees may stop talking to you too. Feeling ostracized can definitely make it difficult to go into work every day.
- Hostile Treatment: Some employees who file for workers’ compensation benefits may also deal with hostile treatment at work. Your boss may verbally abuse you and make it a nightmare for you each day. The hostile treatment may eventually have a negative effect on your mental health.
- Passed Over for Promotion: If you have been exceeding expectations at work and your boss has been telling you that you’re up for a promotion, you may feel excited. However, if the promotion is suddenly given to someone else after you file for workers’ compensation benefits, you may be the victim of retaliation.
- Termination: Termination or discrimination after a work injury or workers’ compensation claim is the harshest form of retaliation. If your employer fires you shortly after you file for benefits, it can be a terrible feeling.
What to Do After Being Retaliated Against
If you’re facing retaliation after filing for workers’ compensation benefits, know that you don’t have to stand for that kind of treatment. The first thing you should do is express your concerns to your supervisor. It’s possible that your employer has a fair explanation, such as that your hours have been cut because business is slow.
If your employer can’t provide you with a valid explanation, you should consult an employment lawyer. He or she can assess your case and help you file a lawsuit.
If you’re dealing with termination or discrimination after a work injury or workers’ compensation claim, you should speak to an employment lawyer promptly.
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