Workers' Compensation

Recent Posts

Maryland: Court Extends Retaliatory Discharge Protections to Retaliatory Non-Renewal of Employment Contract
Posted on 28 Jun 2020 by Thomas A. Robinson

A Maryland appellate court held that, under an appropriate fact pattern, an employer that declines to renew an employment agreement with an injured worker for which the parties anticipated a reasonable possibility of renewal may be liable for a retaliatory... Read More

United States: In Retaliatory Discharge Action, Proximity of Firing to Claim Was Insufficient to Establish Issue of Fact
Posted on 20 May 2020 by Thomas A. Robinson

Although proximity in time between the filing of a workers' compensation claim and the firing of the employee can be important in establishing the retaliatory motives of the employer, it is insufficient where the employer comes forward with a valid... Read More

New York: Close Proximity of Time Between Injury and Firing Supports Retaliation Claim
Posted on 23 Apr 2020 by Thomas A. Robinson

Observing that the state's Workers' Compensation Board had found the claimant's testimony credible, according to which the claimant's supervisor "stormed off" when the claimant advised that he would be filing a workers' compensation... Read More

United States: District Court Says Termination Was Tied to Injury, Not Immigrant Status
Posted on 9 Feb 2020 by Thomas A. Robinson

Construing Tennessee law, a federal district court held that an employer violated the state’s retaliatory discharge law when it fired an injured worker shortly after an encounter between the worker and two supervisors in which the supervisors berated... Read More

Florida: Employee Fired Before Actual Filing of Claim May Still Pursue Retaliatory Discharge Action
Posted on 2 Feb 2020 by Thomas A. Robinson

Where an injured employee was fired less than two weeks after sustaining an injury and before he had actually filed a workers’ compensation claim, he could nevertheless pursue a retaliatory discharge action, held a Florida appellate court. The court... Read More

New York: Retaliation Charge Unsuccessful in Spite of Proximity of Termination to Filing of Claim
Posted on 20 Jan 2020 by Thomas A. Robinson

In maintaining a retaliatory discharge claim against the former employer, it is not enough, held a New York appellate court, to show close proximity between the filing of a workers’ compensation claim and the termination of employment where the... Read More

United States: West Virginia Retaliatory Discharge Action May Not Be Removed to Federal Court
Posted on 19 Dec 2019 by Thomas A. Robinson

Because a retaliatory discharge action was “integrally related” to the West Virginia Workers’ Compensation Act, it could not be removed to federal court under 28 U.S.C.S. § 1445(c), held the U.S. District Court for the Southern... Read More

United States: Sixth Circuit Chooses to Dodge Federal Immigration Issue In Retaliatory Discharge Action
Posted on 16 Sep 2019 by Thomas A. Robinson

Reversing a decision of a federal district court that had ruled the retaliatory discharge provision of the Tennessee Workers’ Compensation Act was preempted by the Immigration Reform and Control Act of 1986 (“IRCA”), the Sixth Circuit... Read More

United States: “Perception Theory” May Not be Utilized in Retaliatory Discharge Action Against Former Employer
Posted on 27 Aug 2019 by Thomas A. Robinson

A federal district court, construing Pennsylvania law, held that in order for a discharged worker to maintain a civil action against a former employer for retaliatory discharge, it is insufficient for a discharged worker to show that the former employer... Read More

North Carolina: Police Officer Loses Retaliatory Discharge Action
Posted on 4 Jul 2019 by Thomas A. Robinson

In an opinion not designated for publication, the Court of Appeals of North Carolina affirmed a trial court’s order granting the defendant/employer summary judgment in a retaliatory discharge action filed against it by a former police officer who... Read More

Oklahoma: Retaliatory Discharge Statute is Constitutionally OK in Spite of Lack of Access to Jury
Posted on 30 May 2019 by Thomas A. Robinson

Under Oklahoma’s retaliatory discharge statute, 85A O.S.Supp. 2013 § 7, a worker who claims that he or she was fired for filing a workers’ compensation claim must seek relief from the state’s Workers’ Compensation Commission;... Read More

Ohio: Retaliatory Discharge Rule Does Not Apply Where Claim Filed Against Prior Employer
Posted on 11 Apr 2019 by Thomas A. Robinson

The provision in Ohio law [Ohio Rev. Code § 4123.90] prohibits an employer from terminating a worker who files a claim for workers’ compensation benefits, the statute does not apply where the claim was filed regarding a prior employer. Thus... Read More

Massachusetts: Employer May Not Retaliate Against Worker Filing Third-Party Tort Action Against It
Posted on 28 Nov 2018 by Thomas A. Robinson

It is axiomatic in Massachusetts—and the significant majority of other American jurisdictions—that an employer may not retaliate against an employee who sustains a work-related injury. The protections afforded under the Bay State’s retaliatory... Read More

Hawaii: Employer’s Decision to Fill Injured Worker’s Position 10 Months After Injury Was not Discriminatory
Posted on 4 Oct 2018 by Thomas A. Robinson

An employer who waited 10 months after an employee’s work-related injury to fill the position and who offered the employee a number of positions when she sought post-recovery employment did not discriminate against the employee “solely because”... Read More

United States: Termination for Being Unable to Perform Job is Not Retaliation
Posted on 7 Sep 2018 by Thomas A. Robinson

Construing South Carolina law, a federal district court held that S.C. Code § 41-1-80 and statutes like it do not require an employer to retain an employee who can no longer perform the duties of her job simply because her inability to perform the... Read More