Is it legal for my employer to retaliate against me if I suffer a work injury? Austin work injury attorney Aaron Allison discusses employee retaliation. For more information, call (512) 474-8346.
Under Texas employment law, an employer can’t retaliate against you because of an on-the-job injury. If an employer terminates you for being injured on the job, that’s wrongful termination and usually, those claims go to the EEOC or the Texas Workforce Commission. It is the burden of the injured worker to prove that the employer fired them for a wrongful reason and you have to be able to prove that upon a preponderance of the evidence. More sophisticated employers realize that when they have an injured worker that they are not going to retaliate against the injured worker by terminating their employment. They realize that they would be opening themselves up to exposure for a wrongful termination case or a discrimination case. Usually what the more sophisticated employers will do is they will wait until the work injury claim is completely over and they’ll wait a period of time and they may release that employee, but based on a reduction in headcount or some other kind of plausible argument. Most sophisticated employers will not terminate an injured worker until their case is completely concluded. For more information go to AaronAllisonLawFirm.com.