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Can My Boss Retaliate if I File a Workers’ Compensation Claim?

April 22, 2015

Workers’ compensation is a way for employees who are hurt on the job to receive payment while they miss time at the office. Some bosses will reassign an employee when they return to work after workers’ compensation in NJ. Is this retaliation? We will take a look at the question in today’s post.

Retaliation Is Illegal

The bottom line in this discussion is that any retaliation by an employer against an employee for filing a workers’ compensation claim is illegal. The list of what employers are not allowed to do to an employee who has fired workers’ compensation includes the following items:

  • Cannot discipline

  • Cannot fire

  • Cannot threaten to fire

  • Cannot take negative actions

What employers are legally allowed to do is continue to operate their business and make employment decisions based on business reasons that are legitimate.

If you feel that retaliation is present following the filing of a workers’ compensation claim, you need to take a look at what legitimate business reasons companies can use. Some of those reasons include cutting hours due to a drop in business, cutting hours due to hiring more employees, cutting hours because you received a poor performance review prior to the claim and many others.

On the other side of things, if you are the only person at work who is receiving a reduced schedule or did not receive a poor performance review prior to the claim, it is possible that the employer is retaliating against you for filing a workers’ compensation claim.

When it is all said and done, it is illegal for your employer to retaliate against you for filing for workers’ compensation, and you should contact an attorney today to discuss your case.