Beckley, WV asked in Employment Law and Workers' Compensation for West Virginia

Q: I was terminated for work performance three months after filing a worker's compensation claim. Do I have a claim?

I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my manager and store manager would always schedule someone with me so that I didn't have to do any heavy lifting. This never happened. I was responsible for maintaining two areas, but was unable to manage both in a timely manner because one area was always short-staffed. I was not told when my team would be short, and my manager never scheduled any additional help for me, so I was forced to do things myself. I feel that this could be discrimination based on me not being able to work as hard as I could pre-injury.

1 Lawyer Answer

A: Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.