Employees have the right to file for workers’ compensation if they suffer an injury on the job. However, some employers may retaliate against those who make such claims. Recognizing the signs of employer retaliation is crucial for protecting one’s rights.
Sudden negative performance reviews
An employee may start receiving unexpected negative performance reviews after filing a workers’ compensation claim. If there were no previous issues with job performance, these sudden negative reviews could be a sign of retaliation. Employers may use negative reviews as an excuse to demote or terminate employees.
Reduced hours or demotion
Another common form of retaliation involves reducing an employee’s work hours or demoting them. Employers might claim this change is due to business needs, but if it coincides with a workers’ compensation claim, it might indicate retaliation. A sudden change in duties, especially one that lowers the employee’s status, can also be a red flag.
Unwarranted disciplinary actions
Employers may also start issuing unwarranted disciplinary actions. An employee who previously had no issues may suddenly face multiple write-ups or disciplinary measures without a valid reason. This can be an attempt to create a record that justifies firing the employee later on.
Hostile work environment
Employers may create a hostile work environment as a way to retaliate. This can include increased scrutiny, harsh treatment, exclusion from meetings, or spreading negative rumors. Such behavior can make the employee feel unwelcome and pressured to leave voluntarily.
Termination shortly after filing a claim
Being fired shortly after filing a workers’ compensation claim is one of the most direct signs of retaliation. If an employee is terminated without a valid reason or shortly after exercising their legal rights, it may be a retaliatory act.
Employees facing these situations should take steps to understand their rights and explore available options for protection.