Signs of Employer Retaliation After Filing a Workers’ Compensation Claim
It is your legal right to file a workers’ compensation claim after suffering an injury while on the job. Your employer is prohibited from retaliating against you for exercising this legal right. Retaliation is when an employer takes adverse action or punishes a worker for participating in legally protected activity. However, while illegal, some employers retaliate against employees for seeking workers’ compensation benefits. If you’ve recently filed a workers’ compensation claim, recognizing the warning signs of retaliation is critical in protecting your rights.
Common Signs of Employer Retaliation After Filing a Workers’ Comp Claim
Employer retaliation can take many forms after an employee exercises their legally protected right to file a workers’ compensation claim after suffering a work-related injury. Below are some of the warning signs of employer retaliation after filing a workers’ compensation claim;
- Demotion
A sudden demotion or reassignment to a lower-paying or less desirable position could be a sign of employer retaliation after filing a workers’ compensation claim. A demotion may also involve losing some job responsibilities or authority. It may be retaliatory if your employer demotes you without any justifiable reason or prior warning after you file a workers’ compensation claim.
- Sudden Changes in Job Duties
If you are being assigned fewer hours, less favorable tasks, or responsibilities that fall outside your usual job description after filing a workers’ compensation claim, this could be a sign of retaliation. Your employer may be trying to make your work life difficult or uncomfortable, so you quit or stop pursuing your claim.
- Passed Over for a Promotion of Raise
It may also be retaliation if your employer refuses to promote you or raise your pay after filing a workers’ compensation claim when you clearly deserve the promotion or pay raise.
- Termination
Another sign of employer retaliation is if you are suddenly fired or laid off after filing your workers’ compensation claim. While Vermont is an at-will employment state, meaning an employee can be discharged at any time for any reason, termination without a valid reason or in violation of company policies could indicate retaliation.
- Disciplinary Actions Without Cause
If you start facing unjustified disciplinary actions after filing a worker’s compensation claim, it could be a sign of retaliation. Your employer may use warnings, suspensions, write-ups, or even threats of termination to punish you for seeking workers’ compensation benefits.
- Hostile Work Environment
Experiencing intimidation, harassment, or bullying from your employer, supervisor, manager, or coworkers could be a sign of retaliation.
- Unjustified Negative Job Performance Reviews
If, over the years, you have always received positive job reviews, sudden unjustified negative job performance reviews after you file a workers’ compensation claim, especially if your performance has not changed, might indicate retaliation.
- Exclusion From Team Events
It could be a sign of retaliation if you are excluded from meetings, projects, social events, or otherwise isolated from the workplace culture.
Contact Us for Legal Guidance
If you experience any of these signs and others not mentioned here after filing a workers’ compensation claim, contact our Vermont workers’ compensation attorney at Sluka Law PLC for help exploring your legal options.
Source:
law.cornell.edu/wex/at-will_employment
