Can my boss terminate my employment after I have filed workers comp?

There are attorneys that specialize in worker's compensation and employment law cases. That is not my area of practice, therefore I will defer to someone who has more specialized knowledge in this area of practice.

Thanks for your inquiry. You should contact an attorney as soon as possible to discuss the issues you are having with your employer as it relates to workers compensation. Additionally, your employer should pay you for the 2 weeks of vacation you had earned on the job. Be sure to discuss all aspects with the attorney.

No. You have an excellent wrongful termination case. Hopefully, the company has insurance to cover your claim.

If you are injured and unable to do your job, you can be replaced, subject to a rehiring preference if a position, including your old one, reopens when you are able to fully perform the duties of your job. If your boss bullied you, you should plan on finding a better job with a union contract to protect you. Vacation pay is usually not vested unless you have a contract.

I don't think that he can retaliate against you for filing a compensation claim. You need to consult with a labor law attorney.

Contact the federal EEOC or your State's labor agency for an appropriate response to your employment matters.

Your boss can fire you for any number of reasons, whether good reasons, bad reasons or no reason unless you have an employment contract which addresses those issues. No employer should fire an employee for bringing a workman's compensation as it is a violation of common law, statute and public policy. Your employer may not bully you, harass, annoy or embarrass you without facing claims for damages by you. Whether your employer "believes" your injuries are real is not relevant to anything except serving as further evidence of your employer's mounting outrageous conduct. Please contact an attorney familiar with the facts described and allow the attorney to provide you with an assessment of your claims and their potential value. "Direct threats require decisive action."

Your boss cannot terminate you in retaliation for filing a workers compensation claim. That violates Sections 132a of the Labor Code, as well as being disability discrimination in violation of the Fair Employment and Housing Act.

He can terminate you, but not solely related to filing a claim. And, he will have to pay WC anyhow. You need a WC lawyer and to also explore a retaliation claim.

No. there is a cause of action in NC for retaliatory discharge. Most employers are not as stupid as yours.

In South Carolina, you cannot be terminated in retaliation for filing workers comp. However, unless the Family medical leave act applies (You must have been there a year and the employer must have 15 employees), you can be terminated for being out of work. In other words, he does not have to hold you job open for you while you are out, unless FMLA applies. The key is demonstrating that he terminated you in retaliation for filing the comp claim. If FMLA applies, it was illegal either way. It sounds like a case that I would be willing to take to court.

In Florida, there is a statute which prohibits what is called "retaliatory discharge" but unfortunately the statute says "thou shalt not" but does not provide a remedy if thou does. My former partner, Glen Wieland handled one of these cases years ago, but didn't get anywhere as the judge ruled that while the statute prohibited such a retaliatory discharge, the statute didn't specify what remedy was available if the employer did fire you for making a workers' compensation claim.

It is illegal for an employer to terminate an employee because he or she has filed a W/C claim. Bullying is not permitted either. Here's the pertinent part of the statute (Labor Code section 132a): 132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award,or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. As for the vacation pay, the general answer is that he probably cannot refuse to pay the vacation pay. It depends on some factors. If there is an established vacation policy and you have earned the entire 2 weeks pay, you must be paid upon termination. If the employer did not pay it upon your termination, then there is a daily penalty of your full wages, up to one months pay. (Labor Code section 203). Also, in this circumstance, the employer could be ordered to pay your attorneys fees. (Labor Code section 218.5).

No. Oregon has a specific statute that prohibits this conduct from an employer. You should seek out a worker's compensation and/or employment lawyer.