There may be a variety of reasons why an employer would retaliate against their employees, including the following:
- To avoid paying workers’ compensation benefits
- To replace the injured employee, instead of waiting for them to recover
- To avoid having to accommodate any work restrictions the employee might have upon returning to work
Additionally, an employer can avoid paying unemployment benefits if an employee resigns from their job voluntarily. When a worker resigns their position, not only can they not collect unemployment benefits, they also cannot file a wrongful termination lawsuit against their former employer. Here, we want to discuss the various types of retaliation that can occur after an employee files an injury claim.
Understanding The Different Types Of Retaliation
Pennsylvania is an at-will work state, which means that an employer can fire an employee for whatever reason they want, so long as the reason is not illegal under state or federal law. However, federal law does prohibit employers from retaliating against their workers for reporting workplace injuries or filing a workers’ compensation claim. Some of the most common ways that our Pennsylvania workers’ compensation attorneys see retaliation occur in the workplace include the following:
- Denying a promotion that may be due
- Denying a raise or additional benefits
- Demotion or wage decrease
- Making threatening remarks
- Providing unjustified negative job references
- Providing unjustified negative performance reviews
- Increasing surveillance on the employee
All of the types of retaliation that we mentioned above has been used on employees who file work injury claims. These are pressure tactics designed to intimidate the injured worker, as well as others in the workplace. Often, these tactics are applied in order to get the worker to hold off on filing their work injury or even to get the worker to quit before filing a claim. However, perhaps the most extreme example of retaliation for a workplace injury includes forced resignation.
Compensation Settlement Agreements
If you negotiated a compensation settlement agreement that included your resignation, this is generally not considered a forced resignation. In many states, including Pennsylvania, such agreements include the employee’s resignation and courts have upheld them to be non-coercive.
If you are offered a compensation settlement agreement, it is imperative to have a qualified Workers’ Compensation lawyer review it before you sign, in order to ensure the terms of the agreement are in your favor.
Philadelphia Workers’ Compensation Lawyers of Gross & Kenny, LLP Fight for the Rights of Injured Workers
If you were forced to resign after claiming Workers’ Compensation benefits for your work injury, the dedicated legal team of Gross & Kenny, LLP can help. Our experienced Philadelphia Workers’ Compensation lawyers will help you obtain compensation and hold your employer responsible for your wrongful termination. An initial consultation is free and confidential. Call 215-512-1500 today or contact us online. We are conveniently located in Center City, Philadelphia serving injured workers throughout Pennsylvania.