Workers' Compensation Retaliation & Wrongful Termination
Injuries can happen in virtually any line of work. While some injuries are treatable, others can keep you out of work for weeks, months, or even permanently. At Dyer Law, we understand that it can be confusing to navigate a worker’s compensation claim, which is why we won’t let you go through it alone. If you need any legal help or simply want somebody to talk to, give our team a call today for a free, no-pressure consultation.
Understanding Your Rights as An Employee
Employers in Nebraska cannot retaliate against an injured worker who has filed a workers’ compensation claim by demoting them or terminating them. Continue reading to learn more about workers’ rights when it comes to compensation retaliation, wrongful termination, and your rights as an employee.
Workers' Compensation Retaliation
Retaliation happens when an employer unfairly treats an employee for taking workers’ compensation. This usually happens because employers are trying to reduce their costs instead of thinking about what their employees are going through. Retaliatory actions may take multiple forms, including the following:
- Denial of bonus
- Salary reduction
- Shift reassignment
If you are a victim of workers’ compensation retaliation, you have a friend at Dyer Law who can help get you through this tough moment in your life.
While employment is “at-will” in Nebraska—this means an employee may be fired at any time and for any reason or for no reason at all—there are still cases for wrongful termination in the state. This happens when an employee is fired for illegal reasons beyond their control. Some examples of wrongful termination include:
- Hostile Work Environment
- Race Discrimination
- Retaliation Over Workers’ Compensation Claims
- Violations Of The Family And Medical Leave Act (FMLA)
- Wage And Hour Violations
- Whistleblower Retaliation
It can be difficult to take that first step in filing a claim against this kind of mistreatment in the workplace, but you have rights as an employee. Dyer Law is here to help you protect these rights and see that you’re compensated fairly in these situations.
The Dyer Law Process
We know that it can be confusing and intimidating to deal with workplace issues, especially when they become legal battles with people you once considered friends. The team at Dyer Law works hard to simplify the complicated legal process for you so you are able to focus on what truly matters in your life. We will be a support system for you in this difficult time. Here’s what you can do to make the first step:
Contact our team to set up your free consultation.
A member of our team will meet with you in person or on the phone to learn more about your situation.
We’ll help you to understand your rights while providing professional advice on how you should move forward.
If we mutually decide to move forward with your case, we will get started and work towards getting you the compensation you deserve.
Workers’ Compensation Retaliation & Wrongful Termination FAQs
How Can I Show That I Was Retaliated Against in Violation of the Workers’ Compensation Law?
If you believe you were retaliated against at your workplace you will need to show that:
- You engaged in prior protected activity, such as receiving workers’ compensation
- Your employer took a materially adverse action and
- Retaliation caused the employer’s action
What Actions by an Employer are Considered to be Retaliation?
Retaliation can include any negative job action. Some examples include:
- Unfair discipline
- Salary reduction
How Do I Know if I Have a Claim for Wrongful Termination?
Since most employment is “at will,” it can be difficult to determine if you have a case for wrongful termination. However, there may be some instances in which your employer illegally terminated you. This includes things like:
- Violating public policy
- Retaliating against you
- Violating written or implied promises
- Breaching good faith and fair dealing
- Committing fraud
Contact Dyer Law
Give our team a call today for a no-pressure, free consultation if your employer retaliated against you for something you couldn’t control. Dyer Law will work alongside you to make sure you’re represented by people who care about protecting your rights and want to see that you’re compensated fairly. If you feel that your employee rights have been violated and need somebody to talk to, Dyer Law will always be here for you—even if you just need to sort through some complicated thoughts.