Being treated unfairly or unlawfully fired from your workplace after filing a claim can be frustrating. By law, an employer is not allowed to fire an employee for filing a workplace complaint or lawsuit. All the employees have legal employment rights. There are federal and state laws that administer various aspects of workplace relationships to diminish conflict and avoid abuse.
A professional Nashville workers’ compensation lawyer can help you file your claim for benefits or appeal a denial. We are determined to offer quality legal representation and supportive guidance.
Let’s take a look at what you can do if you’re being mistreated after filing a workers’ comp claim.
Can Your Employer Treat You Unfairly After A Claim?
Employees usually worry that if they file a workers’ compensation claim, their employer will start treating them unfairly, like transferring them to a different position, making their work life more difficult, or even firing them. However, an employer is not allowed to retaliate against an employee for filing a claim.
Employer retaliation includes different forms of adverse job action, like:
- Assigning the employee to a less desirable post
- Increasing the level of management over the employee
- Decreasing an employee’s benefits or pay
- Refusing an employee’s fair requests that are normally granted
- Firing the employee without any plausible reason
What Actions Can You Take?
It’s not a good idea to keep up with unjust behavior in the workplace. If you are being treated unfairly, you should take steps to protect your rights.
Document The Unfairness
It is essential to keep a record of the treatment you consider illegal or unfair. Documentation typically contains evidence of unfairness, like email messages, internal memos, office communications, voicemails, etc. You must gather and preserve evidence that validates the unfair treatment by your employer or colleagues.
You can also use this information while negotiating severance pay and tenures of your severance agreement. Writing down anything you remember about mistreatment as soon as possible will also help.
Report The Unfair Treatment
If you plan to stay at your job, a professional attorney usually advises mistreated employees to report any unfair treatment to the human resources department of a company.
It helps formalize your complaint. It signifies you will have similar rights to the victims of discrimination. Your employer will no longer be able to fire you or lay you off after you file a complaint because it gives the impression of revenge.
So, filing a formal complaint gets the incidents of unfairness on record. It also helps protect the victim from further mistreatment or wrongful termination.
Stay Away From Social Media
The most crucial thing is to stay away from posting your unfair treatment on any social media platform. Understandably, unfair treatment induces anger. However, it would be necessary for you to remain calm and collected.
Disclosing information online could put you in a disadvantageous position. A professional attorney will advise you to hold up on your social media accounts until the case is resolved. The other party’s attorneys can look into your social media accounts to gather information for their advantage.
After all, anything you post on social media can be seen by anyone. Nashville workers’ compensation lawyers will often use the information to their client’s advantage.
Take Care Of Yourself
Mistreatment or termination from the workplace usually leaves the victim emotionally traumatized. Self-care is crucial in such a time. Try to take it to family members or friends.
If you believe the treatment at work can be considered a physical assault, it is crucial to report it to law enforcement as soon as possible, so the people responsible can be held obliged.
Contact An Experienced Lawyer
If you have recorded the unjust treatment you get at a workplace after filing a claim, contact a professional and competent employment lawyer as soon as possible. They can help you determine your objectives and conspire strategies to accomplish them.
Our workers’ compensation lawyers have extensive experience handling workers’ compensation claims. If you have been hurt a work, we can help you get the benefits you deserve.
How Do I Report An Employer For Unfair Treatment In Nashville, TN?
Filing a complaint against an unfair employer should be approached with focus, like gathering as much documentation and detail as possible. First, and as soon as possible, it is essential to document the details Stick to the facts like dates, times, potential witnesses, and other related information involving unfair treatment. Remember that it is illegal for a company to retaliate against an employee for reporting unfair treatment.
But in such cases, you must keep these factors in mind when reporting unfair treatment.
Focus On The Complaint
You may be frustrated about many subjects at work. However, when reporting unfair treatment or discrimination, focus on just that. Do not be enticed to wander from the main issue. Only list the problems you have with your coworkers or employers.
Unfair treatment at the workplace can be upsetting, particularly if you have been suffering for quite some time. It is natural to feel emotional and furious. However, if you want to settle at a reasonable and believable condition, be as factual as possible without allowing your emotions to take over. Focus on the crucial details like the times and dates of the unjust incidents.
Offer Constructive Solutions
If you want to stay at work with the current unfair employer, you could propose solutions for dealing with unfair treatment and discrimination, like workplace discrimination training.
Do Not Threaten Your Employer
Making threats against your employer can backfire. Being aggressive will do nothing to solve the issue but creates animosity. Moreover, threatening behavior can be used against you in case of a lawsuit.
Send Your Complaint To The Right Person
You should follow the reporting protocols of your company or in case your company does not have such a policy use your best judgment.
Contact A Capable Nashville Worker’s Compensation Lawyer Right Now!
If you have been hurt at work, you need a professional and experienced attorney from Nashville Workers’ Compensation Lawyers on your side. We will ensure your claim is handled the right way from the beginning. Let us be your legal supporters in your fight for compensation.
You can get a free consultation from us at your earliest convenience. Call us without delay!