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-   -   Can I sue employer? -- I was fired in retaliation for filing a workers comp claim (http://www.worldlawdirect.com/forum/hiring-firing-wrongful-termination/17526-can-i-sue-employer-i-fired-retaliation-filing-workers-comp-claim.html)

cancungirl Oct 23rd, 2008 11:15 PM

Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
i was fired for retaliation for filing a workers comp claim. if after arbitration and i do get my job back... can i sue my employer for wrongful termination? also if i do get my job back and decide to sue my employer can i then be terminated for suing them.
i work for the post office. i filed a workers comp case. my employer did not believe me. i was suspended in january... fired in april and my case was approved in june. i do believe i will get my job back come november. i will be reinstated with full back pay,vacation and sick time. to me this just isnt justice!! i was humiliated in front of co-workers. embarrassed in public... went bankrupt, almost lost my home and my mind.
the back pay will be nice but it just dosnt seem fair that they can say "oh we were wrong report back to duty" and thats the end of it. no appology, the supervisor will not be reprimanded and i just have to deal with it and go back to work with the co-workers i was embarrassed in front of and the supervisor who fired me. where is the justice. do i have a claim for unlawful discharge?
if a person is reinstated can they still sue their employer while still at the job?

please someone give me advise i know i have a case just want it validated so i can rest easy!! thanks for any help!!

Unregistered Oct 24th, 2008 02:46 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
[i was fired for retaliation for filing a workers comp claim.]

That is illegal. Report this and discuss with your local Department of Labor office.

Bricks41 Oct 24th, 2008 09:45 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
Is your state an "at-will" state? If so, they can pretty much terminate you at their own choosing with the exception of discrimination and a few other circumstances. Typically, the only repercussion being the unemployment payments, not a big lawsuit.

Can you actually prove you were delibrately terminated because of a worker's compensation claim? If you are re-instated to your previous position, would you really want to considering the obvious maltent you have for the employer? You probably are better off taking the back pay instead of continued employment because I'm sure there will be what they can consider and the Unemployment Office considers just cause for your termination down the road and will not be eligible for unemployment compensation.

Unregistered Jan 22nd, 2009 02:22 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
What state are you in? Or shall I say what state was your comp claim filed in?

Quote:

Originally Posted by cancungirl (Post 56412)
i was fired for retaliation for filing a workers comp claim. if after arbitration and i do get my job back... can i sue my employer for wrongful termination? also if i do get my job back and decide to sue my employer can i then be terminated for suing them.
i work for the post office. i filed a workers comp case. my employer did not believe me. i was suspended in january... fired in april and my case was approved in june. i do believe i will get my job back come november. i will be reinstated with full back pay,vacation and sick time. to me this just isnt justice!! i was humiliated in front of co-workers. embarrassed in public... went bankrupt, almost lost my home and my mind.
the back pay will be nice but it just dosnt seem fair that they can say "oh we were wrong report back to duty" and thats the end of it. no appology, the supervisor will not be reprimanded and i just have to deal with it and go back to work with the co-workers i was embarrassed in front of and the supervisor who fired me. where is the justice. do i have a claim for unlawful discharge?
if a person is reinstated can they still sue their employer while still at the job?

please someone give me advise i know i have a case just want it validated so i can rest easy!! thanks for any help!!


Unregistered Jan 27th, 2009 02:59 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
My husband was hired to open a new office in Houston, Tx., by a turf equipment Distributor located in Bethany, OK. The company has other branch offices in Tulsa and Dallas. He was never given a review, nor was he "privy" to sales goals for the year. His job offer states that he would get 3 wks vacation per year, although normal company policy is to accrue vacation during the year to be used the following year. After 54 wks of employment, he was "let go" for not meeting sales goals. This came as a total shock. They offered no severance, and no vacation pay. Do we have recourse to sue for the 3 wks vacation pay? Can this claim be made in small claims court?

Unregistered Feb 13th, 2009 11:04 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
Quote:

Originally Posted by Unregistered (Post 73477)
My husband was hired to open a new office in Houston, Tx., by a turf equipment Distributor located in Bethany, OK. The company has other branch offices in Tulsa and Dallas. He was never given a review, nor was he "privy" to sales goals for the year. His job offer states that he would get 3 wks vacation per year, although normal company policy is to accrue vacation during the year to be used the following year. After 54 wks of employment, he was "let go" for not meeting sales goals. This came as a total shock. They offered no severance, and no vacation pay. Do we have recourse to sue for the 3 wks vacation pay? Can this claim be made in small claims court?

If he live in Texas, go to the local workforce center and file for wage claim,
TWC - Wage Claim Process

Unregistered Feb 18th, 2009 10:02 AM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
Anything is a suit these days. However, if you are in a "right to work state" they can terminate you for any reason at any time.

On a personal note: I'm sure you have been through a lot after being terminated, but try not to be vindictive about it. We are all in the same boat right now, and any one of us would kill to have a job...especially at the post office. If your job is offered back, I say suck it up and take it bc jobs are hard to find right now, especially with benefits. If they offer back pay, then thats an added bonus. I know you want to "get even", but sometimes that's not the best scenario. I was just let go after 13 months of loyalty for a 19 yo pot head. Sure I wanted to turn him in to HIPPA, OSHA, the insurance commisioner for fraud, and the medical board for misuse of his license, but where will that get me in the end?

Unregistered Jul 28th, 2010 02:18 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
Well I dont even know where to start , started when I was born, my mom has always owned gas stations I was raised thinking I would do the same, not raised going to college,I have always worked for her now 34 she fires me with alot of water under the bridge.

Unregistered Aug 19th, 2011 11:51 PM

re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
I was fired for filing a workmans comp claim.
I sued and won.
You can recover lost wages and a small amopunt for pain and trama.

I live in Texas

Talk to a lawyer and sign a contingency agreement.

Accumulate all the proof that you can

Write down every event that previous to your termination

Try to obtain testimony that you were a good employee.

You must prove that you were terminated for the claim, and because this is impossible, you must make a cercumstancial case that there is no other reason.

You Ex-employer will claim that he terminated you for a policy violation or some other lame reason.

Be prepared to defend yourself.

Ask other to testify, if you have anything showing that you were a good employee, l\keep and document it.

STAND UP FOR YOUR RIGHTS ....THAT IS WHAT WE ARE SUPPOSE TO DO....

Unregistered Jul 26th, 2012 07:46 PM

Re: Can I sue employer? -- I was fired in retaliation for filing a workers comp claim
 
Who was your attorney?


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