WORLD Law Direct Forums
Home > WORLD Law Direct Forums > LABOR & EMPLOYMENT LAW > Hiring, Firing, Wrongful Termination > Can I sue employer? -- I was fired in retaliation for filing a workers comp claim

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

This is a discussion on Can I sue employer? -- I was fired in retaliation for filing a workers comp claim within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; i was fired for retaliation for filing a workers comp claim. if after arbitration and i do get my job ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Oct 23rd, 2008, 11:15 PM   #1
Junior Member
 

cancungirl's Avatar
 
Join Date: Sep 2008
Posts: 4

Confused 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!!
cancungirl is offline   Reply With Quote
Sponsored Links
Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!
Old Oct 24th, 2008, 02:46 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 24th, 2008, 09:45 PM   #3
Veteran Member
Country:  
Bricks41's Flag is: United States
 

Bricks41's Avatar
 
Join Date: Jun 2008
Location: Ohio
Posts: 122

Default 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.
__________________
Human Resources Manager & Payroll Administration

~~There is a balance between the Employees and the Employer~~
Bricks41 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 22nd, 2009, 02:22 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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 View Post
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!!
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2009, 02:59 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 13th, 2009, 11:04 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

Quote:
Originally Posted by Unregistered View Post
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
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 18th, 2009, 10:02 AM   #7
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Wink 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?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 28th, 2010, 02:18 PM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 19th, 2011, 11:51 PM   #9
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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....
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 26th, 2012, 07:46 PM   #10
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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

Who was your attorney?
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 9 replies and has been viewed 12389 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
fired from post office for filing worker comp claim cancungirl Hiring, Firing, Wrongful Termination 5 Aug 17th, 2012 03:42 AM
workers comp stopped then fired (fall at work, shoulder surgery) Unregistered Hiring, Firing, Wrongful Termination 1 Jul 1st, 2010 08:34 PM
Can Employer use FMLA while I'm on Workers Comp? Unregistered Injury & Worker's Compensation 0 Feb 11th, 2010 11:41 PM
Workers Comp Claim & Possible civil lawsuit Unregistered Civil Litigation 0 Jan 13th, 2009 02:15 PM
Workers comp. If I quit my job what happens to my claim? Unregistered Salary & Workers Compensation 3 Sep 27th, 2008 06:09 AM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 09:54 PM.