In many instances, when an employee suffers an injury at work, the employer may not want to pay the employee any workers’ compensation benefits. As such, in an attempt to enact revenge or to prevent the employee from filing a claim for benefits, the employer may terminate the employee’s position. Although New Jersey is an at-will employment state, under certain circumstances, it is unlawful for a person to be fired, such as when it is done in retaliation for filing a workers’ compensation claim. If you sustained injuries in a work accident and you were subsequently fired, it is in your best interest to speak to a knowledgeable New Jersey workers’ compensation attorney to evaluate your options.
The Plaintiff’s Injury and Termination
It is alleged that the plaintiff worked for the defendant as a retail sales consultant. In 2015, when the plaintiff was opening the store he worked in, he fell and injured his back, right shoulder and hand. He filed a claim for workers’ compensation benefits and the defendant indicated it intended to contest the claim. However, the plaintiff’s petition for benefits was granted, and he was on medical leave for approximately nine months.
Reportedly, while the plaintiff was on leave, it was determined that he engaged in a personal purchase that was improper under company policy. When the employee returned from leave, he was terminated. He then filed a lawsuit against the defendant, alleging in part that the defendant violated the New Jersey Workers’ Compensation Act (the Act) by firing the plaintiff in retaliation for filing a workers’ compensation claim. After discovery, the defendant filed a motion for summary judgment. Continue Reading ›