Law Offices of Dan A. Atkerson

Wrongful Termination after a Work-related Injury

By Dan Atkerson on April 07, 2019

A person in a wheelchairBeing terminated from a job is a challenging time made worse when an employer fires someone in retaliation or for discriminatory reasons. Through a wrongful termination lawsuit, it may be possible to hold employers liable for such discriminatory and illegal practices.

One form of wrongful termination that is often overlooked is being fired after reporting a work-related injury or filing a workers' compensation claim. Employment law attorney Dan A. Atkerson reviews the details of clients' cases to determine when wrongful termination after a work-related injury has occurred. If you live in or around Carrollton, TX and would to have the details of your case reviewed, we welcome you to schedule a consultation with attorney Dan Atkerson today.

Wrongful Termination and Work-related Injury

Wrongful termination refers to someone being fired in violation of federal anti-discrimination laws or breach of contract. Firing someone after a work-related injury or filing for workers' compensation can be a form of wrongful termination.

Even in the at-will state of Texas, firing someone because he or she suffered a work-related injury and has filed worker's compensation can be grounds for a wrongful termination lawsuit.

Can an Employer Legally Fire Someone after a Work-related Injury?

Employees can be fired after a work-related injury for lawful reasons. For example, if the company was planning to layoff employees, the timing may be such that the employee who suffered the workplace injury would be included in the layoff. In this case, the employee was not fired for the injury, but rather as part of a planned layoff.

In addition, if the employee is unable to perform his or her essential job responsibilities, the employer may have grounds to terminate the employee. However, according to the Americans with Disabilities Act, the employer must make reasonable accommodations before firing the employee. Accommodations may include changing an employee's work schedule, modifying equipment, or restructuring the job.

Forcing a Resignation after Injury May Be Considered Wrongful Termination

Unfortunately, some employers may not want to make necessary accommodations for an injured employee and may try to pressure the employee to leave the job.

When an employer pressures an employee after a work-related injury, it is often to avoid wrongful termination claims, avoid the costs of making accommodations for an employee's injuries, or to avoid paying unemployment benefits.

However, forcing an employee to resign may still be considered a form of wrongful termination when the work environment is such that any reasonable employee would quit. In such cases, an employment law attorney can help those who were pressured to quit after a work-related injury.

Exploring Legal Options

Being fired or forced to quit when dealing with work-related injuries can make an already stressful time more stressful. Fortunately, wrongful termination laws can provide those who have lost their job with legal options.

Through a wrongful termination lawsuit, it may be possible to recover compensation for damages or negotiate a severance package.

Contact Wrongful Termination Attorney Dan Atkerson

Because Texas is an at-will state, it can be difficult to know if you have been wrongfully terminated. Attorney Dan Atkerson can review the details of your case to help guide you through your legal options. To schedule a consultation with wrongful termination attorney Dan Atkerson, please call (214) 383-3606.

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