Employer Retaliation in Raleigh Workers’ Comp Cases
Employers sometimes retaliate against employees who file a workers’ compensation claim. If you experience retaliation from your employer due to a workers’ compensation claim, a Raleigh workers’ compensation attorney can advise you of your rights as an employee.
To discuss your specific case and what can be done to remedy this situation, call a Raleigh workers’ compensation attorney at our law offices. Our firm have offices located in Raleigh and across the state North Carolina.
Does Your Situation Qualify as Employer Retaliation?
Employer retaliation is often thought of in terms of the employer wrongfully firing an employee for pursuing his or her workers’ compensation rights, but retaliation also comes in many other forms.
Retaliation can also come about in the form of harassment and discrimination in the following ways:
- Giving undeservedly poor performance reviews
- Not promoting a deserving person
- Cutting wages
- Intimidation or isolation in the workplace
- Threatening employees of negative actions against them
- Interfering with the claims process
- Refusing to rehire
- Negative action against benefits or terms of employment
- Being unreasonable with increases and decreases in job duties
- Uncalled-for disciplinary action
- Giving negative employment references
- Retaliation against anyone working with an employee who supports his or her claim or cooperates in an investigation
Justifiable Employer Action
Legitimate termination and/or discipline are still a right of any employer. This is even true if a workers’ compensation claim is active. The termination is legitimate as long as the employee’s action is not linked to their workers’ compensation claim. The termination and/or discipline given must not violate any employment laws.
Legal Ways to Remedy Retaliation
Many states have legal protections for individuals who are retaliated against by their employer. These are usually available through court actions or state agencies. If employees are not protected by legislative means, many states have mandated the ability for an employee to file a retaliatory discharge lawsuit. Since laws vary from state-to-state, it is wise to consult a personal injury lawyer in Raleigh to learn the best options available.
Contact the Whitley law Firm for further information! We offer 24/7 representation as we make ourselves available to clients.