I’m Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Talking about workers compensation retaliation or discrimination and reorganization. Many companies are reorganizing, they’re laying off, they’re restructuring right now. And employees who get injured sometimes wind up as part of that reorganization plan. Is that retaliation? Is it retaliation for your employer to reorganize and terminate you while you are on workers compensation? There are a number of cases in the Second Circuit, here in New York, that say it might be. For example, if your employer is continuing to seek applicants from a pool of employees who don’t include any protected class that you might be in that could be work comp retaliation or discrimination. If your employer is hiring from outside of whatever class you might belong to, say you’re an employee over 40 or you’re a female or you belong to some other protected class, and you are replaced from outside the organization by someone who is not in the protected class, that could be workers’ comp retaliation or discrimination as well. If they are transferring employees from other sections to replace you that might be workers’ comp retaliation or discrimination. Or if there’s another position available in the organization somewhere and you could do that job and are not offered the opportunity for that position that also could be workers compensation retaliation or discrimination. But it’s not always clear cut or open and shut that if you are on FMLA or on some type of disability leave or work comp and you lose your job that automatically that would be retaliation or discrimination. You really need to speak to some employment lawyers. Call around, call me if you like. I serve the entire state of New York, I’m Jonas Urba, and I can be reached at (212) 731-4776. Attorney Advertising.
Work comp injured employee might be discriminated if fired