Q: Employer is writing me up for false reasons after w/c claim. I feel like they are trying to fire me. What can I do?
Been with the company for almost 2 yrs. Work injury happened 5/12/17 and the only thing I had prior to filing was a verbal warning with clocking into work 5 mins late when I first started working.
A: It certainly could be discrimination but depends on the facts. Are others treated differently, does the employer pay bonuses for "no lost time" to employees, many things factor into the analysis.
A: Unfortunately, Texas is an "at-will" state meaning that your employer can fire you for any reason. However, should your employer terminate your employment, you may have a claim for workers' compensation retaliation under Chapter 451 of the Texas Labor Code. Texas Labor Code § 451.001 provides: A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers’ compensation claim in good faith; (2) hired a lawyer to represent the employee in a claim; (3) instituted or caused to be instituted in good faith a claim for workers’ compensation benefits; or (4) testified or is about to testify in a proceeding for workers’ compensation benefits.
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