It is illegal for a company to retaliate against an employee for filing for workers’ compensation, but it happens to injured employees every single day in the United States. An injury to an employee inherently leads to added costs for the business, and although you didn’t hurt yourself on purpose, your employer may take action against you because they are upset over the financial hit they have to absorb as a result of your injury and time away from work. If they do this, they are in violation of the law, and you may have an additional lawsuit on your hands.
Of course, most employers who would consider retaliating against an employee understand that this is illegal, so they will likely try to cover their tracks a bit. In today’s blog, we take a closer look at some subtle signs that an employer is illegally retaliating against an injured employee in Minnesota.
Hidden Signs Of Employer Retaliation
Let’s take a closer look at some less-than-obvious signs that an employer may be retaliating against an employee for filing a workers’ compensation claim. Even if these factors are present, it may not automatically mean you have been retaliated against, but a consultation with a lawyer will be beneficial to better understand your situation and your options:
1. Reduced Hours– Your employer may not fire you, but they may try to hurt you financially by cutting back your hours. If there isn’t an obvious reason for the reduction in hours, especially if you’re the only one affected, you may have a retaliation claim.
2. Site Changes – If you’ve been transferred to another location and you believe the transfer is tied to your recent workers’ compensation claim, it may be worth looking into the matter further. If it has become much more unreasonable to get to work as a result of a required relocation, you may be able to pursue a retaliation claim.
3. Quick Disciplinary Action– Maybe you went 12 years without a disciplinary write-up, and now you’ve received two write-ups in the three weeks you’ve been back at your job following your injury. A deeper look into the situation can determine if there has been a standard workplace-wide change to address non-compliance, or if you are being unfairly targeted by management.
4. Demotion/Career Trajectory Changes – If you were in line for a promotion or a pay raise prior to your injuries, and now those are off the table, or worse, you’ve been demoted, you will want to talk with an injury lawyer to learn more about your options for seeking out a retaliation claim.
5. Hostile Work Environment – Finally, if you return to work and find that co-workers or management is acting maliciously towards you, there may be options to collect an employee retaliation claim if you can prove that this hostile work environment is tied to your decision to move forward with an injury claim.
As you can imagine, your case will come down to what you can prove. Although the above factors may exist, you need to showcase that they arose as a direct result of your decision to file a workers’ compensation claim. This won’t be easy, but it will go much smoother if you have an experienced workers’ compensation lawyer by your side. Don’t go up against your employer alone. Instead, bring in an expert who can take on a larger corporation and prove that they acted unjustly following your work injury.
For more information about employee retaliation injury cases, or for help filing a more standard workers’ compensation claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
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