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How to Prove Retaliatory Discharge

In our last blog, we talked about retaliatory discharge and how it relates to workers’ compensation! Employees are protected from retaliatory discharge under the at-will doctrine, however, before you can get the justice you deserve, you have to prove retaliatory discharge. The following is a list of the criteria that needs to be met in order to prove retaliatory discharge:

#1. You have to be pursuing workers’ compensation.

In order for it to be considered retaliatory discharge, the employee has to prove that they were pursuing workers’ compensation at the time that they were terminated.

#2. Your employer has to know that you were pursuing workers’ compensation.

There is a difference between getting fired because you were pursuing workers’ compensation and being fired while your were pursuing workers’ compensation. In order for it to be considered retaliatory discharge, you have to prove that your employer was aware that you were pursuing workers’ compensation.

#3. Your employer has to have harassed, coerced, fired or otherwise discriminated against you.

Obviously, if your employer hasn’t harassed, coerced, fired or otherwise discriminated against you, it cannot be considered retaliatory discharge.

#4. There has to be a connection between your pursual of workers’ compensation and the adverse actions by your employer.

It is important to note that, just because you are injured on the job and you are pursuing workers’ compensation, doesn’t mean that you can’t be fired because of other issues. While pursuing workers’ compensation, you are still responsible for adhering to all rules and regulations set forth by your employer In order to it to be considered retaliatory discharge, there has to be a connection between your pursual of workers’ compensation and your employer’s actions.

Do you feel that you have been fired because you have made a claim for workers’ compensation in Louisville? If so, contact Sullivan Law Office today.

 

2015-07-10T15:43:20+00:00