How can I prove I’m being punished for filing a workman’s comp claim for being injured on the job?
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How can I prove I’m being punished for filing a workman’s comp claim for being injured on the job?
My fiance and I both work in EMS. We
have worked on the same truck for the
same company for over two years. Last
week she filed a workmans comp claim
because she hurt her back lifting a pt.
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day our boss told us we could no
longer work on the same truck. He would
not give a reason. As immature as this
sounds he literallly said, because I
said so. I know he is upset about the
claim. He griped at her, saying do you
know how much this is going to cost me?
Can he legally seperate us without
cause? We have had a verbal agreement
in the past that we could work together
but nothing on paper.
Asked on May 9, 2017 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, this is nothing you can fight for:
1) Without a written contract guarantying your right to work together, the employer has free right to adjust your schedules, locations (i.e. trucks), etc. An oral (that's the better term than "verbal") agreement does not alter the employer's control (part of "employment at will") over staffing, scheduling, etc.
2) More generally, while you cannot be retaliated against for filing for worker's comp, "retaliation" is losing something core to employment: opportunities, pay, benefits, job security, etc. It is not losing something which is not part of the job and which an employer had no obligation to give you in the first place.
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