How To Prove A Tennessee Retaliatory Discharge – Worker’s Compensation Claim
In Tennessee, a claim of Retaliatory Discharge – Worker’s Compensation is defined as:
Retaliatory discharge occurs when an employer discharges an employee in response to the employee engaging in protected activity, in this case, filing for Worker’s Compensation.
It simply means:
An employer fired an employee for seeking worker’s compensation.
There are 4 elements of the claim:
- Element 1. The plaintiff was an employee of the defendant at the time of the injury. The plaintiff was working for the defendant when they got hurt, which is important because it shows that the injury happened while the plaintiff was on the job and under the employer’s responsibility.
Facts that might support this element look like:
* The plaintiff received a regular paycheck from the defendant for their work during the period leading up to the injury.
* The plaintiff was assigned specific job duties and responsibilities by the defendant, indicating an employer-employee relationship.
* The defendant provided the plaintiff with training and resources necessary to perform their job effectively.
* The plaintiff was included in the defendant’s employee benefits program, which further establishes their employment status.
* The plaintiff was subject to the defendant’s workplace policies and procedures, demonstrating their role as an employee. - Element 2. The plaintiff made a claim against the defendant for workers’ compensation benefits. The plaintiff, an employee who got hurt on the job, is seeking financial help for their medical expenses and lost wages from the defendant, their employer, after being fired for filing a workers’ compensation claim.
Facts that might support this element look like:
* The plaintiff filed a formal claim for workers’ compensation benefits after sustaining an injury while performing job-related duties.
* The plaintiff’s claim for workers’ compensation was submitted to the appropriate state agency within the required time frame.
* The defendant was notified of the plaintiff’s workers’ compensation claim and had access to all relevant documentation.
* The plaintiff’s injury was directly related to their employment, qualifying them for workers’ compensation benefits.
* The defendant’s management expressed discontent regarding the plaintiff’s decision to file a workers’ compensation claim. - Element 3. The defendant terminated the plaintiff’s employment. The defendant fired the plaintiff from their job, which is a key part of proving that the firing was unfairly done in response to the plaintiff’s claim for worker’s compensation benefits.
Facts that might support this element look like:
* The plaintiff reported a workplace injury to their supervisor and filed a workers’ compensation claim shortly thereafter.
* Following the filing of the workers’ compensation claim, the plaintiff received a negative performance review that had not been previously discussed.
* The defendant’s management expressed dissatisfaction with the plaintiff’s decision to pursue workers’ compensation benefits during a team meeting.
* The plaintiff was informed of their termination via email just days after their workers’ compensation claim was approved.
* Other employees who filed similar claims were also terminated shortly after their claims were submitted, indicating a pattern of retaliatory behavior. - Element 4. The claim for workers’ compensation benefits was a substantial factor in the employer’s motivation to terminate the employee’s employment. The employer fired the employee mainly because they filed a workers’ compensation claim, showing that the claim played a significant role in the decision to terminate their job.
Facts that might support this element look like:
* The employee filed a workers’ compensation claim for a workplace injury just two weeks before the termination notice was issued.
* The employer expressed frustration about the employee’s claim during a team meeting, stating it was affecting productivity.
* The employee’s performance reviews were consistently positive prior to the filing of the workers’ compensation claim.
* Other employees who filed similar claims were also terminated shortly after their claims were submitted.
* The employer failed to provide a legitimate reason for the termination, citing only vague performance issues that were never documented.
(See Anderson v. Standard Register Co., 857 SW 2d 555 – Tenn: Supreme Court 1993.)
If you’re in court without a lawyer and plan to assert a Claim of Retaliatory Discharge – Worker’s Compensation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your TN Retaliatory Discharge – Worker’s Compensation Claim
U.S. Civil Cases Only