12/20/2015 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse Dallas Employment Lawyer // (press release)
Dallas employment lawyer Keith Clouse represents employers and employees in various employment-related disputes. Here, he discusses workers’ compensation retaliation claims.
Texas law provides that an employer may not discharge or in any other way discriminate against an employee because the employee filed a workers’ compensation claim in good faith. An employer who violates this statute is subject to a workers’ compensation retaliation claim. To establish a workers’ compensation retaliation claim, an employee must show that the employer’s prohibited action would not have occurred when it did absent the employee’s protected conduct of filing a workers’ compensation claim in good faith. In doing so, an employee may rely on circumstantial evidence. This evidence could include an employer’s negative comments about the employee’s injury, an employer’s failure to adhere to company policies, and evidence that the employer’s stated reason for the discharge or other discriminatory act was false. An employer may defend a charge of workers’ compensation retaliation by showing that it acted in accordance with its stated policies and that it uniformly enforced those policies.
To speak to an employment law attorney about workers’ compensation, send an email to [email protected] or call (214) 239-2705. This article is presented by the Dallas employment law lawyers at Clouse Dunn LLP.
Address: 1201 Elm Street Suite 5200 Dallas, Texas 75270 – 2142