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JB Law Office Of Joshua Borken - Minnesota Workers' Compensation Attorney

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Can an employer fire you for filing for workers’ compensation?

On Behalf of | Jun 24, 2023 | Workers' Compensation

The workers’ compensation insurance system is a program that functions to provide financial aid to those who suffer injuries and face financial hardships after a work-related incident. Following a similar experience, you might find that pursuing aid through similar means could be integral to preserving your future in Minnesota. 

However, facing a similar process could prove stressful at times, and you might even have concerns about how your employer might respond to the situation. It could be helpful to know that it is illegal for your employer to fire you for filing a workers’ compensation claim, but that might not mean you will not face similar acts of retaliation. 

Unlawful acts of retaliation 

Terminating an employee for filing a workers’ compensation claim is not the only act of retaliation that may be unlawful in nature. Workers’ compensation laws may also protect you against other forms of retaliation, such as: 

  • Wrongful demotion:  Studies indicate that your employer may be prohibited from demoting you or changing your job title for filing a claim for benefits via the workers’ compensation insurance system. 
  • Poor performance evaluations:  In some cases, unlawful acts of retaliation could come in the form of intentionally giving poor reviews on performance evaluations after you return to work. 
  • Changes to pay and hours  It may also be helpful to note that it might be unlawful for your employer to reduce your pay rate or change your work hours based on similar factors.  
  • Unjust disciplinary actions:  Retaliation could also take the form of unjust disciplinary actions. If you encounter similar issues after filing for workers’ compensation, taking steps to protect your rights may be imperative. 

Should you encounter unjust behavior in the form of wrongful termination or retaliation, you could benefit from seeking advice on the best course of action to take to protect your rights and interests. 

Your rights and interests 

While you should not have to fear retaliation or termination when pursuing aid via similar channels, sometimes things might not always turn out as planned. Understanding your rights and the protection provided to you via workers’ compensation laws could help you better prepare to address the situation should the unimaginable occur. Facing any type of retaliation can be a harrowing process, and seeking advice on your options and the next steps to take could be vital to preparing to protect your interests and career. 

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