Can my boss terminate my employment after I have filed workers comp? 35 Answers as of June 11, 2013

Can my boss terminate my employment after I have filed workers comp? Can he bully me, call me and tell me I am not hurt? Can he terminate me and then keep my 2 weeks vacation pay?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
There are attorneys that specialize in worker's compensation and employment law cases. That is not my area of practice, therefore I will defer to someone who has more specialized knowledge in this area of practice.
Answer Applies to: Oregon
Replied: 8/2/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Thanks for your inquiry. You should contact an attorney as soon as possible to discuss the issues you are having with your employer as it relates to workers compensation. Additionally, your employer should pay you for the 2 weeks of vacation you had earned on the job. Be sure to discuss all aspects with the attorney.
Answer Applies to: Louisiana
Replied: 8/2/2011
Law Offices of Tom Patton
Law Offices of Tom Patton | Thomas C. Patton
No. You have an excellent wrongful termination case. Hopefully, the company has insurance to cover your claim.
Answer Applies to: Oregon
Replied: 8/1/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If you are injured and unable to do your job, you can be replaced, subject to a rehiring preference if a position, including your old one, reopens when you are able to fully perform the duties of your job. If your boss bullied you, you should plan on finding a better job with a union contract to protect you. Vacation pay is usually not vested unless you have a contract.
Answer Applies to: Montana
Replied: 8/1/2011
Touby & Associates, P.A.
Touby & Associates, P.A. | Mark Touby
In Florida, you can be terminated by your employer for any reason as long as it is not discriminatory or retaliatory. Both of these quoted words have legal definitions. With respect to terminations that follow the filing of a workers compensation claim in Florida, Fla. Stat 440.205 states, no employer discharge, threaten to discharge, intimidate or coerce any employee by reason of such employees valid claim for compensation or attempt to collect compensation under the Workers Compensation Law. Based on your question, you should seek the advice of an attorney who specializes in workers compensation and make sure to include in the discussion the circumstances at work that may give rise to a suit pursuant to the statute above. Good Luck!
Answer Applies to: Florida
Replied: 8/1/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You need to consult with a specialist in workman's compensation. It is a whole separate offshoot of personal injury. He cannot bully you and cannot keep your vacation pay. Whether he can ultimately terminate you is another question. If you are unable to perform the work and he needs someone to do the work, he may be able to replace you at least temporarily. Whether that can become permanent depends to some degree on the length of your incapacitation. You need to see a specialist.
    Answer Applies to: New Jersey
    Replied: 8/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I don't think that he can retaliate against you for filing a compensation claim. You need to consult with a labor law attorney.
    Answer Applies to: New York
    Replied: 8/1/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Florida is an at will employment state (you can be fired without cause), but it is nonetheless improper to fire an employee as retaliation for a workers' compensation claim. You also can't fire an employee due to their racial background or gender. So if you were fired for making a valid workers' compensation claim, you probably have a valid claim against your former employer for damages. Moreover, if you are entitled to two weeks' paid vacation time and he is refusing to pay you, you probably have a valid claim against him for depriving you of that as well. You should speak to an employment attorney in your area.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact the federal EEOC or your State's labor agency for an appropriate response to your employment matters.
    Answer Applies to: Indiana
    Replied: 7/31/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    Your boss can fire you for any number of reasons, whether good reasons, bad reasons or no reason unless you have an employment contract which addresses those issues. No employer should fire an employee for bringing a workman's compensation as it is a violation of common law, statute and public policy. Your employer may not bully you, harass, annoy or embarrass you without facing claims for damages by you. Whether your employer "believes" your injuries are real is not relevant to anything except serving as further evidence of your employer's mounting outrageous conduct. Please contact an attorney familiar with the facts described and allow the attorney to provide you with an assessment of your claims and their potential value. "Direct threats require decisive action."
    Answer Applies to: Oklahoma
    Replied: 7/31/2011
    Law Office of Eli M. Kantor
    Law Office of Eli M. Kantor | Eli Kantor
    Your boss cannot terminate you in retaliation for filing a workers compensation claim. That violates Sections 132a of the Labor Code, as well as being disability discrimination in violation of the Fair Employment and Housing Act.
    Answer Applies to: California
    Replied: 7/31/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    He can terminate you, but not solely related to filing a claim. And, he will have to pay WC anyhow. You need a WC lawyer and to also explore a retaliation claim.
    Answer Applies to: Florida
    Replied: 7/30/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Based on what you have told me, your boss's actions are illegal. It sounds as if this was retaliation. You should get an attorney to help you pursue your claim. If you need any further information, please feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 5/3/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Generally no he may not do this. To have a claim for wrongful termination you must prove that the "sole" reason for your termination was you comp claim. However, often other grounds are used for the firing. Here you must prove they were a pretext and that the real reason you were terminated was the filing of the claim.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You need your case reviewed by a lawyer that practices workers comp. You may be able to make a claim for retaliatory discharge, which is one of the few times that the employer's right to terminate at will is limited in Alabama. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    No. Oregon has a specific statute that prohibits this conduct from an employer. You should seek out a worker's compensation and/or employment lawyer.
    Answer Applies to: Oregon
    Replied: 4/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The law prohibits retaliatory termination based solely on filing a worker's compensation claim. If you are due vacation pay call the Department of Labor. If you wish to discuss further you can contact our firm.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No. there is a cause of action in NC for retaliatory discharge. Most employers are not as stupid as yours.
    Answer Applies to: North Carolina
    Replied: 4/28/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    In South Carolina, you cannot be terminated in retaliation for filing workers comp. However, unless the Family medical leave act applies (You must have been there a year and the employer must have 15 employees), you can be terminated for being out of work. In other words, he does not have to hold you job open for you while you are out, unless FMLA applies. The key is demonstrating that he terminated you in retaliation for filing the comp claim. If FMLA applies, it was illegal either way. It sounds like a case that I would be willing to take to court.
    Answer Applies to: South Carolina
    Replied: 4/28/2011
    The Law Offices of Benjamin C. Tiller, Esq.
    The Law Offices of Benjamin C. Tiller, Esq. | Benjamin Tiller
    No. This is unlawful retaliation. If he fired you after your injury, and there is no other documented reason for your termination, then you have a wrongful discharge case against your employer.
    Answer Applies to: Montana
    Replied: 4/28/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, there is a statute which prohibits what is called "retaliatory discharge" but unfortunately the statute says "thou shalt not" but does not provide a remedy if thou does. My former partner, Glen Wieland handled one of these cases years ago, but didn't get anywhere as the judge ruled that while the statute prohibited such a retaliatory discharge, the statute didn't specify what remedy was available if the employer did fire you for making a workers' compensation claim.
    Answer Applies to: Florida
    Replied: 4/28/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    He cannot terminate you for filing a worker's comp claim. He is in violation of federal and state law. You should hire a lawyer to explore other avenues against the employer.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    It is illegal for an employer to terminate an employee because he or she has filed a W/C claim. Bullying is not permitted either. Here's the pertinent part of the statute (Labor Code section 132a): 132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award,or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. As for the vacation pay, the general answer is that he probably cannot refuse to pay the vacation pay. It depends on some factors. If there is an established vacation policy and you have earned the entire 2 weeks pay, you must be paid upon termination. If the employer did not pay it upon your termination, then there is a daily penalty of your full wages, up to one months pay. (Labor Code section 203). Also, in this circumstance, the employer could be ordered to pay your attorneys fees. (Labor Code section 218.5).
    Answer Applies to: California
    Replied: 4/28/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    Yes, but your boss cannot fire you BECAUSE you filed a workers' compensation claim or requested workers' compensation benefits. There is a difference.
    Answer Applies to: Florida
    Replied: 4/28/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes but you may have a wrongful discharge case. They should still cover all workmans compensation treatment.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Probably yes.
    Answer Applies to: Florida
    Replied: 6/11/2013
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Absolutely not. You should contact a lawyer for the workers comp case, and if he is qualified, have him deal with the other matters as well. If he is not, then you should seek counsel from someone experienced in defamation, malicious prosecution, intimidation matters, including possibly a wrongful termination claim and a restraining order.
    Answer Applies to: Colorado
    Replied: 4/27/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    The employer cannot terminate you as a retaliatory act for your filing for workers compensation benefits. If you need further assistance please feel free to contact me.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    No. It is against the law to fire or retailiate against someone because they filed a workers compensation claim.

    The law regarding unlawful discharge in workers compensation cases is clear. Florida Statute 440.205 states: No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employees valid claim for compensation or attempt to claim compensation under the Workers Compensation Law.

    The Florida legislatures, in their infinite wisdom, foresaw the tendency for employers to terminate employees who file workers compensation claims and drafted 440.205 to prevent such actions. Claimants are not required to produce evidence demonstrating the employers motivation or timing of the decision to fire them relative to the filing of a workers compensation claim. Instead, the burden of proof falls on the Employer to show their actions in terminating the injured worker was not an unlawful criminal offense or intentional torts, and that their termination of the injured worker was for just cause.
    Answer Applies to: Florida
    Replied: 4/27/2011
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