Charles E. Boyk Law Offices, LLC
Some employees live in fear of their employers, constantly working under the threat of being fired or demoted, even when they try to be a good worker and make good decisions. These conditions can create a demanding work environment that is stressful for a worker.
If your employer has retaliated against you for doing something you had the lawful right to do, you might be entitled to restitution. Employer retaliation after a Toledo workers’ compensation claim could be a delicate situation. Consider hiring an experienced personal injury attorney who could evaluate your situation and help you mount your case for legal recovery strategically. Reach out to determine your potential options for relief from a hostile work environment.
When an employer retaliates, it means that they are punishing an employee for exercising their rights and engaging in a lawful act. Ohio Revised Code §4112.02 prohibits employers from retaliating against employees for engaging in protected activity. Filing a workers’ compensation claim is among those protected activities. Employees are afforded the right to lodge a workers’ comp claim without fear of retaliation. Employers infringing on an employee’s right to seek compensation for their injuries could be violating the law.
There are many ways that an employer could retaliate against their employees. Employer retaliation could appear as a reduction to an employee’s salary, a demotion, or an otherwise inappropriate act of discipline. The majority of workers’ compensation cases in Toledo involving employer retaliation usually occur when an employer terminates an employee or threatens to do so after an injury claim is filed.
Plaintiffs in an employer retaliation workers’ comp case in Toledo could seek civil action as redress for their employer’s wrongful actions. In Ohio, plaintiffs seeking relief must show four elements of their employer’s wrongdoing.
First, the plaintiff-employee must show they engaged in a protected activity, such as filing a workers’ compensation claim. Second, the defendant-employer is required to have known that the plaintiff was engaging in such protected activity. If the employer fired the employee unrelated to the filing of their workers’ compensation claim, then the plaintiff does not have grounds for an employer retaliation suit. Third, the defendant-employer must have taken adverse action against the employee in response, such as demoting or terminating the plaintiff. Lastly, the plaintiff is required to show proof by a preponderance of the evidence that there is a causal connection between the protected activity and the defendant-employer’s adverse action, demonstrating that the employer’s actions were retaliatory in nature.
The jury will render a decision based on the provided evidence that it is more likely than not the injury claim for benefits caused the employer to act unethically. The employer will then present their defense to attempt to prove they had a legitimate, nondiscriminatory reason for their actions impacting the plaintiff. A Toledo legal advocate could help present compelling evidence that the employee’s workers’ comp request directly led to the retaliation.
Whether you were reassigned, your pay was cut, your employer has created a hostile work environment, or you were fired, your employer is in the wrong, both legally and ethically, when they retaliate against you.
A personal injury attorney could assist Toledo employees experiencing retaliation after their workers’ compensation claims. They could provide support and direction, helping you build a sound strategy to challenge your employer’s wrongful actions. To start your journey to legal recovery, call today.