Can they retaliate against me by increasing my hours?
I worked for a Mental health institute for almost 7 years. Three years ago I fell on the ice behind the building and broke my kneecap. I was back to work in 1 month after surgery. But last year I filed a permanent disability claim to keep the claim open in case I need further surgery. My own insurance wont pay for it. I think I pissed them off. This year they increased my hours above what I could work and forced me to quit.
Do I have a case for retaliation?
Answers (1)
Your claim would be difficult to prove.
A claim for workers compensation retaliation may be difficult to win. First, Ohio law requires you to quickly notify your employer or your intent to sue, and then to sue soon after that. Further, your employer will probably say that changing your hours had nothing to do with your injury and would point out that it could have terminated you or increased your hours when you were first hurt, not three years after the fact. Finally, your employer could say that it did not fire you at all but merely changed your job in response to an increase in business.
posted by Neil Klingshirn | Nov 28, 2000 1:12 PM [EST]
A claim for workers compensation retaliation may be difficult to win. First, Ohio law requires you to quickly notify your employer or your intent to sue, and then to sue soon after that. Further, your employer will probably say that changing your hours had nothing to do with your injury and would point out that it could have terminated you or increased your hours when you were first hurt, not three years after the fact. Finally, your employer could say that it did not fire you at all but merely changed your job in response to an increase in business.
posted by Neil Klingshirn | Nov 28, 2000 1:12 PM [EST]
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