Seeking workers' compensation can be a daunting process, even more so when you're facing resistance or negative consequences from your employer. It's crucial to understand that it's your legal right to pursue workers' compensation without facing retaliation from your employer. Here's a closer look at what workers' compensation retaliation might look like and how you can recognize the signs.
1. Sudden Negative Performance Reviews
If you've historically received positive or satisfactory performance reviews and then suddenly, post-claim, start receiving negative feedback or are being held to seemingly impossible standards, it could be a sign of retaliation. Employers may sometimes use this tactic to create a paper trail, making it easier to justify adverse actions, like termination, later on.
2. Demotion or Reduced Hours
Another blatant sign of retaliation is when an employee suddenly finds themselves demoted to a lower position or given fewer hours. If there's no logical reason for the demotion or reduction in hours, it might be connected to the workers' compensation claim.
3. Exclusion from Meetings or Projects
A more subtle form of retaliation is exclusion. If you're suddenly not being invited to essential meetings, removed from significant projects, or kept out of the loop in communications, it might not be a mere oversight.
4. Hostile Work Environment
If coworkers or supervisors start treating you with hostility, making derogatory comments, or creating a generally uncomfortable work atmosphere after your claim, it's an indication of retaliation. While it might not be as overt as a demotion or termination, a hostile work environment can be just as detrimental to an employee's well-being.
5. Termination
The most extreme form of retaliation is termination. If you're fired shortly after filing a workers' compensation claim, especially without a solid justification, it's a glaring sign of retaliation. Employers might provide other reasons for the termination, but if those reasons seem flimsy or contrived, they could be masking their real motive.
6. Denial of Regular Benefits or Opportunities
Were you up for a raise, bonus, or promotion, and then, without explanation, you were passed over after filing for workers' compensation? Denying benefits, opportunities, or perks can be a less obvious way for employers to retaliate.
7. Sudden Changes in Job Responsibilities
If, after submitting your claim, you notice an unexplained shift in your job duties — either you're assigned tasks below your skill level or you're given tasks that are overly challenging — this could be a retaliatory tactic.
8. Increased Scrutiny
Finding yourself under the magnifying glass? Increased scrutiny, from being monitored during breaks to having every minor error pointed out, can be a form of retaliation. Employers might use this method to create a stressful environment, hoping it will push the employee to resign.
For more information on if you need a workers' compensation attorney consultation, contact a professional near you.
