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
Kyle Anderson
Kyle Anderson
Answered

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

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