Employer Retaliation and Workers’ Compensation
If an employee files a claim for workers’ compensation, their place of employment cannot lawfully retaliate or terminate that individual. A firing in connection with a workers’ compensation claim is illegal retaliation and a wrongful termination lawsuit could result.
Of course, if there is another reason for the firing, an employer may say that that was the reason for the termination of employment, not the workers’ compensation claim. If you were fired from a job in Ohio and feel the termination was because of a workers’ compensation claim, you should discuss your situation with an experienced and knowledgeable Columbus employment attorney.
Legal Reasons for Employment Termination
There are circumstances when an employer firing an employee is legal, but one of those reasons is not because a worker filed for workers’ compensation. This is common knowledge so an employer may try to find another reason to justify their actions.
Some reasons that an employer may claim to terminate an employee include:
- Poor work quality, performance problems
- Breaking rules or general misconduct
- Frequent absence or other attendance problems
- Stealing or other criminal behavior
- Layoffs happening for higher level reasons
Possible Agreements and Contracts
If an employee is fired and they feel the termination was unjust, they should talk to a Columbus employment attorney about their options moving forward. Situations differ and an experienced lawyer can tell you how strong a wrongful termination lawsuit would be for you.
For instance, if an individual is working at a place of employment and has a written contract, a lawyer will look at the contract carefully to determine if there is something written into the contract that allows an employer to let go of an employee unexpectedly. Or, there may be an offer letter that an employee saved stating there must be a good reason for job termination.
There are other examples of employees proving they have reason to believe they were not an at-will employee. Basically, there can be implied promises of employment for a specific period of time made by an employer. This can be useful if an employee has a history or positive reviews, regular promotions, and instances when long-term employment was promised at the time the employee was on boarded within the company or organization.
Workers’ compensation claims can make employers nervous, and not only because of the financial expense. Sometimes an employer wants to replace an employee because they are worried about possible health restrictions moving forward.
An employer may be able to terminate an employee if there is a valid reason, but filing a workers’ compensation claim is not one of them. There are laws in place to protect employees each step of the way. Do not accept a wrongful termination. You have rights.
Contact an Ohio Employment Attorney Today
The lawyers at Coffman Legal LLC are strong and committed advocates for all Ohio workers. Contact an attorney today to further discuss your employment claim. They can guide you through the process of securing compensation that you deserve. Call 614-949-1181 for a free and confidential consultation.