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Birmingham Workers Comp Lawyer Can My Boss Fire Me

Birmingham Workers Comp Lawyer Can My Boss Fire Me

Birmingham Workers Comp Lawyer Can My Boss Fire Me? Through the years we have been handling Birmingham Workers Compensation cases, frequently we are asked by those we are speaking to "can my boss fire me?" Yes, your employer may fire you or lay you off, but not because you sought benefits related to your job injury. If you mouth off to a supervisor, come to work drunk or other such actions, you may be terminated. If the company is going through a down time and layoffs are taking place, you may be laid off. The mere fact that you suffered a job injury does not mean that you cannot be let go; however, if you were let go in retaliation for seeking workers comp benefits, you may sue your former employer for WRONGUL TERMINATION.

The Alabama Supreme Court has set forth 4 factors to be looked at when trying to determine whether a worker who suffered a job injury and was subsequently let go equates to wrongful termination. The factors are: 1) was there an employment relationship, 2) did the worker suffer a job injury, 3) knowledge on the part of the employer of the on-the-job injury, and 4) subsequent termination of employment based solely upon the employee's on-the-job injury and the filing of a workers' compensation claim. Evidence that other employees who suffered job injuries were also terminated after suffering their job injury is also evidence of a wrongful motive.

Personally, I believe that the majority of wrongful termination cases were not personal, but were carried out by the employer so as to send a message to the remaining employees-don't file a comp claim or this will happen to you. This is a dangerous game for the employer to play, as unlike in workers compensation claim, in wrongful termination claims punitive damages (including mental anguish) are recoverable.

If you have been hurt at work in the Metro Birmingham area* and after making a claim for Alabama Workers Compensation benefits you were suddenly fired, don't give up! Contact one of the experienced Birmingham Workers Comp lawyers at POWELL AND DENNY to discuss your workers comp and potential wrongful termination claim.

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Offices in Birmingham, Alabama and Huntsville, AL

* Includes Oneonta, Bessemer, Hueytown, Fairfield, Gardendale, Fultondale, Leeds, Center Point, Trussville, Talladega, Helena, McCalla, Alabaster, Pelham, Childersburg, Saginaw Sylacauga, Clanton, Calera, Hoover, Vestavia Hills and other cities and towns.

Birmingham Workers Comp Lawyer Can My Boss Fire Me

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