Monday, February 23, 2009

Filing a Work Comp Claim and Employer Retaliation

Most jobs are considered “at will,” meaning that you can be fired for a good reason, a bad reason, or no reason at all. However, there are certain reasons an employer may not fire you under Minnesota law. Specifically, an employer may not fire you for filing a workers’ compensation claim.

While your employer cannot fire you for filing a workers’ compensation claim, unfortunately, employers often harass you, attempt to intimidate you, and otherwise make your life miserable after you report a work injury in an effort to get you to quit.

If you quit your job after you sustained a work injury, your employer will probably argue that they shouldn’t have to pay you wage loss benefits since you voluntarily quit.

Some employers also look to fabricate a reason to fire you for “misconduct.” They might start looking over your shoulder all the time, start reprimanding you for little errors or mistakes, or otherwise fabricate a reason to fire you. If you are fired for “misconduct,” your employer may argue that they shouldn’t have to pay you wage loss benefits since you were fired for “misconduct.”

If you quit your job or you are fired for misconduct, it may have a serious impact on your entitlement to workers’ compensation benefits. If your employer is giving you a hard time at work, it is a good idea to consult an attorney. We can often help stop the harassment before it escalates any further. If you are thinking about quitting, you should speak with an attorney before you do anything. If you were already fired for “misconduct” or you quit your job because your employer or co-workers were making your life miserable, call us at 877-746-5680 or click here to email us to schedule a free consultation. Even if you were fired for "misconduct," laid off for "economic reasons," or you quit due to employer harassment, we may still be able to successfully argue that you are entitled to wage loss benefits.

Visit our workers' compensation website at MeuserLaw.com!
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