Unreasonable Refusal To Rehire
Unreasonable Refusal to Rehire
An employee who is terminated without reasonable cause after he or she sustains a compensable work injury may have an unreasonable refusal to rehire claim against his or her employer.
Once an employee shows that he or she sustained a work injury and was not rehired, the burden shifts to the employer to show reasonable cause for not rehiring the injured employee. To establish reasonable cause, the employer must show some other reason, not associated with the work injury that justifies its decision not to rehire.
An employer who is found to have unreasonably refused to rehire an injured employee must pay a penalty amount consisting of one year of wages. Generally however the Department will not order the employer to pay a lump sum, but instead takes a week-by-week look at the wages lost from the employer and wages the injured employee received elsewhere. The employee will receive the accrued portion of the penalty from the employer as a lump sum payment with the remaining unaccrued portions payable anytime the employee earns less than the admitted average weekly wage used to calculate the penalty amount.
Client Testimonials
-
"Terry took the time to comfortably explain all and discuss options and decision-making that could be done along the way with clear pros and cons and asking me how I’d like to proceed."Jim R.
-
Compassionate, thorough, & made it easy to understand what’s going on.
Riley G. -
Lawton & Cates has been the most supportive and helpful!
Rachel -
"Everyone was so very kind to me... We were all made to feel welcome, made to feel supported, and made to feel like we belong there. That was very important to me since I was pretty stressed out a lot of the time."Susie
Don't Wait. Contact Us Today.
Complete our form below or call us at (608) 282-6200.