Getting a work-related injury is stressful enough. Aside from the pain, your focus shifts to the immediate concerns of medical bills and lost wages. You also fear the possibility of termination simply for reporting the incident and seeking benefits.
While this fear is valid, it is crucial to know your rights. In Tennessee, employers cannot retaliate against you for filing a good-faith workers’ compensation claim.
Your legal shield in Tennessee
The courts recognize at-will employment agreements. While your employer can legally terminate you at any time for any reason, there are exceptions to this doctrine. The law prohibits Tennessee employers from disciplining or discharging you at-will for filing a workers’ compensation claim.
This protection extends beyond termination to include a reduction in your hours, subjecting you to a hostile work environment and other forms of workplace punishment.
The process of filing a lawsuit
If your employer retaliated against you for filing a workers’ compensation claim, you can file a lawsuit. Generally, you must face these three steps:
- You establish a prima facie case, presenting initial evidence to suggest that the discharge occurred because you exercised a protected right.
- Your employer must produce evidence of a valid, non-discriminatory reason for your firing.
- You must prove that the employer’s reason is a lie or a cover-up.
This process highlights that you bear the burden of convincing the courts that your employer unlawfully fired you.
Building a case with help
Protecting your earning capacity and challenging an employer’s false reasons requires specific legal action. With the high stakes involved, avoid tackling the uncertainty of wrongful termination alone. If you suspect you have been punished for seeking benefits, seeking legal counsel can offer guidance on your next steps.
