Seven Signs That Your Employer Might Retaliate After a Claim

Workers’ comp retaliation is illegal, but it happens a lot.

Legally, state and federal laws prohibit employers from retaliating against people who file workers’ compensation claims or receive these benefits. This prohibition also applies to workers who encourage other workers to file claims or serve as witnesses in another claim. Unfortunately, legal status often does not alter conduct. Count the number of speeders on the road this weekend, and you will see what we mean. Furthermore, constructive retaliation is very common. Employers make jobs so terrible that employees voluntarily quit.

Wrongful termination lawsuits are rather difficult to win. So, if you suspect possible retaliation for filing a workers’ compensation claim, speak with your Tampa workers’ compensation lawyer straightaway. Typically, a lawyer evaluates your case and acts based on that evaluation. This action usually includes a cease-and-desist letter that often compels employers to back off and think twice before they continue to retaliate against people who exercise their legal and financial rights.

Negative Performance Reviews

This step is usually the first one in the workers’ compensation claim retaliation process. Employers use the negative performance review to justify other retaliatory acts, which are discussed below.

As is the case in all these areas, timing and fairness are usually the key issues. If a supervisor issues a negative performance review shortly after an injured worker files a claim or returns to work, that timing is probably not a coincidence. Furthermore, all employee discipline must be fair. If seven people do not complete a task in a timely manner and only a workers’ comp filer gets a written warning, the employer most likely has a hidden motive.

Exclusion From Team Activities

Sidelining is a subtle yet significant sign of employer retaliation. Employers may isolate employees who have filed workers’ compensation claims by excluding them from meetings, projects, or social events within the workplace. This form of isolation can lead to feelings of alienation and further exacerbate the employee’s sense of being targeted.

Micromanagement

Employers may excessively monitor, control, or criticize the work of employees who have sought compensation for workplace injuries. This level of micromanaging can lead to stress, decreased job satisfaction, and hindered productivity.

Sudden Changes in Job Duties

Assignment of less favorable tasks, receiving fewer hours, or being unfairly demoted shortly after submitting a claim are almost sure signs that your employer is attempting to punish you for seeking benefits. Employers may also isolate people from coworkers or exclude them from important meetings or events, creating a hostile work environment. More on that below.

Verbal or Physical Abuse

Sometimes, an abusive supervisor is the culprit. More likely, the employer suddenly tolerates abusive conduct from coworkers, customers, or other people that was punishable before. Filing a workers’ compensation claim doesn’t alter an employer’s duty to promptly, thoroughly, and transparently investigate all misconduct allegations. The discipline, if any, must be based on the conclusions of that investigation and nothing else.

Unsubstantiated Disciplinary Actions

On a related note, another sign of employer retaliation is when an employee faces unwarranted disciplinary actions following a workers’ compensation claim. Employers use disciplinary measures such as write-ups, suspensions, or demotions to retaliate against employees who assert their rights to compensation and benefits.

Hostile Work Environment

A hostile work environment characterized by intimidation, harassment, or bullying is a strong indicator of employer retaliation. Following a workers’ compensation claim, employees may face increased hostility, unwarranted scrutiny, or verbal abuse from supervisors or colleagues as a form of retaliation for asserting their rights.

Illegal quid-pro-quos often pop up as well, usually in the early stages of a workers’ compensation claim. Employers often promise to make work life better (or worse) if the employee drops (or does not drop) a job injury claim.

Reach Out to a Thorough Hillsborough County Lawyer

Victims need and deserve compensation for their serious injuries. For a confidential consultation with a board-certified workers’ compensation lawyer in Tampa, contact the Rooth Law Firm. After-hours visits are available.