A slippery slope: workers’ comp claim, alleged company retaliation

On Behalf of | Jun 14, 2016 | Employment Litigation |

A California worker files a workers’ compensation claim following an on-the-job injury and is terminated from his or her employment shortly thereafter.

Is such a fact scenario likely to pique the interest of a jury?

It likely will, states an article noting that workers’ comp retaliation is “becoming a rapidly growing field within employment law.”

And some of the recent verdicts that have been announced in cases where a plaintiff has alleged a retaliatory company response to an injury claim suggest that, when an employer doesn’t behave most carefully in such a matter, the judgment can be harsh, indeed.

As in hundreds of thousands of dollars awarded to former workers. Indeed, a plaintiff in one recent federal case received $2 million in damages, which the aforementioned article duly notes is “a staggering sum.”

Several factors are cited as centrally contributing to more retaliation claims being filed. “Targeted advertising mixed with headline-grabbing jury verdicts is a recipe for increased claims,” states the media overview focused on the topic. So, too, reportedly, is the general belief held by many jury members that employers often do retaliate against workers who file claims, in ways that range from job demotion and curbed responsibilities to singularly meted-out discipline and termination.

A proven business and commercial law firm experienced in representing both employers and workers in job-related matters can provide proven counsel and representation in any claim linking a workers’ compensation filing with a resulting company retaliation.

Any worker claiming retaliation must marshal convincing evidence to establish wrongful company behavior, and any employer seeking to defend against a retaliation claim must show that company actions were fair and unbiased and carried out in accordance with nondiscriminatory policies and procedures.

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