Can My Boss Demote Me Because I Filed a Workers’ Compensation Claim?
Filing a workers’ compensation claim is within your rights as an employee, and your boss is not legally allowed to retaliate against you in any way. If you believe that you have been demoted because you filed a workers’ compensation claim, you may have the right to file a lawsuit against your employer and collect the damages which you deserve for your employers’ blatant disregard for the law. The California Employment Attorneys Group is here to ensure that you get the most compensation possible if your employer retaliated against you for filing a workers’ compensation claim.
Typically with most companies, there is a contractual agreement between the employer and the employee. If you, the employee, gets injured or ill on the job, the company will provide payment for the medical bills associated with your injury, as well as pay for any future payments for things like physical therapy. In return, the employee does not sue the company.
Workers’ compensation is a type of insurance which is available to employers, and, like with any insurance policy, when you file a claim the premiums are likely to increase. While some employers are happy to provide financial assistance to their employees who require medical care for injuries or illnesses, others may harbor resentment because of the higher premiums they have to pay because of that employee. Employers are not allowed to act on that resentment and retaliate against employees. It is unlawful and may give the employee the right to file a lawsuit against the employer.
The California Employment Attorneys Group is here to ensure that you understand your rights as an employee. If you believe that your employer has demoted you just because you filed a workers’ compensation claim, you have the right to take them to court and collect any and all damages which may be available to you. We help people like you answer questions they may have every single day. Examples of such questions include:
- Can my boss demote me because I filed a workers compensation claim?
- Can my employer cut my hours because of a workers comp lawsuit?
- I have a pending workers compensation lawsuit and my boss lowered my salary. Can he legally do that? Can I sue the company?
- Can I sue my employer if he reduced my pay because I filed for workers comp?
- Can I file a discrimination lawsuit against my employer if he did not give me my bonuses in retaliation of a workers comp claim?
- Can I file a lawsuit against my boss if he forced to go on furlough because of my workers compensation claim?
What Is Retaliation?
Retaliation in the workplace occurs when an employer punishes or disciplines an employee for acting over that which is legally protected. Retaliation includes any negative job action which is taken against the employee for engaging in legally protected activity. “Negative job action” can include such things as firing, salary reduction, job shift, reassignment, and, yes, even demotion.
Can My Employer Demote Me for Filing a Workers’ Compensation Claim?
Employers will likely face increased premiums for their workers’ compensation insurance once you file your claim. Those employers who value money over the well-being of their workers may want to retaliate against their employee for filing such a claim.
In the state of California, it is illegal for employers to retaliate against employees who file a workers’ compensation claim. “There should not be discrimination against workers who are injured in the course and scope of their employment.” (Labor Code 132a.) California courts have interpreted this to include protecting employees from retaliation for filing a workers’ comp claim.
How Can I Prove I Was Retaliated Against?
There are two ways you can show that you’ve been retaliated against for filing a workers’ compensation. One such method is through direct evidence which involves your employer directly stating that he is demoting you just because you filed a workers’ compensation claim. Direct evidence is hard to come by because most employers are aware of the anti-retaliation laws which exist to protect employees. So if you believe that your employer demoted you because you filed for workers’ compensation, you must rely on circumstantial evidence. Circumstantial evidence does not rely on anything direct, and so it must prove to the courts that it was more likely than not that your employer violated your rights. In order to prove circumstantial evidence you must be able to show that you meet the following four conditions:
- That you were an employee entitled to receive the benefits which are provided to you under your workers’ compensation package;
- That you took part in protected activity – such as, for example, filing a workers’ comp claim for injuries sustained in the workplace;
- That you were disciplined and that the discipline affected your employment, like getting demoted;
- That the employer’s action and discipline towards you were motivated by your protected legal activity.
It can be difficult to collect all of the necessary evidence to prove circumstantial evidence by yourself, which is why it is important that you contact competent employment lawyers who can help not only represent you in court but help you collect the necessary evidence and interview any potential witnesses.
How Do I File a Retaliation Complaint?
In order to seek justice for your unlawful demotion, you must file a lawsuit against your employer. There is a statute of limitations for retaliation – the amount of time that you have in order to file a lawsuit before it becomes null. The lawsuit must be filed within one calendar year from the day the retaliatory action occurred.
In order to properly take action against your employer, you must file a complaint with the California Division of Workers’ Compensation (DWC). Your team of attorneys, like the ones found at the California Employment Attorneys Group, can help guide you through every step of the process because we know there is already enough on your mind.
The California Employment Attorneys Group is here to ensure that justice gets served. If your employer retaliated against you and demoted you for filing a workers’ compensation claim after having been injured in the workplace, you have the right to file a lawsuit against your employer. We are here to ensure that you get the maximum amount of damages to which you are rightfully entitled; we are aggressive lawyers who will pursue the most compensation for you. We offer free consultation and the zero-fee guarantee, so there is no financial obligation or risk on your part! If we do not prove your case, you will not pay for our services. If we do win, we only collect a small fee on the amount collected. Call us today to see how we can help you.