Is it legal to try and cause financial hard ship to get someone to quick there job?

Asked about 1 year ago - Oviedo, FL

I had an accident at work 3 yrs ago; I’ve been in and out of my job as surgeries were done. I have been released finally to full duty as of June 11, 13 with restrictions; none of the restrictions get in the way of me doing my job. My W/C checks stopped on that date, my employer hasn’t made up his mind if he is taking me back yet. I believe he is trying to cause me financial hardship to get me to quit. Is that legal for him to do this? It’s been 3 weeks since I have had a paycheck.

Additional information

get me to quit and get a different job.

Attorney answers (3)

  1. Kenneth Brian Schwartz

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . If you think you can demonstrate that his decision to stop paying you was substantially (but not necessarily totally) motivated by the fact that you claimed workers' comp benefits, then you should talk to an attorney about suing for w/c retaliation, which would be a court proceeding outside of the w/c system for separate damages. Also, note that the employer's failure to pay wages owed is usually grounds to separate from the employer without jeopardizing entitlement to unemployment comp benefits. You should definitely seek out an employment attorney with w/c experience to discuss u/c benefits, a possible unpaid wages suit, and the status of your w/c case.

  2. Heather Morcroft

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to go talk to a worker's compensation attorney. Your question implicates both worker's compensation and unemployment compensation law, but I believe in this instance worker's compensation law is primary. If he is retaliating against you for filing a claim that is not legal. There may be other issues also. Set up some appointments with WC attorneys to find out your rights.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Robert David Shapiro

    Contributor Level 15

    Answered . You have fallen into a common trap used by almost all employers and their WC carriers. You must get a WC lawyer immediately or you will have no job and no case.

    Sincerely,
    Robert Shapiro
    Miami
    305-373-1099
    Advocate1@comcast.net

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