Employment Law Questions? Ask an Employment Lawyer.
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An employer who has retaliated against an employee for filing a workers compensation claim can be sued for harassment and retaliation,
In Illinois, the cause of action for retaliatory discharge arises from state statute. The Illinois’ Workers’ Compensation Act provides that:
t shall be unlawful for any employer, insurance company or service or adjustment company to interfere with, restrain or coerce an employee in any manner whatsoever in the exercise of the rights or remedies granted to him or her by [the Workers Compensation Act] or to discriminate, attempt to discriminate, or threaten to discriminate against an employee in any way because of his or her exercise of the rights or remedies granted to him or her by this Act. … It shall be unlawful for any employer, individually or through any insurance company or service or adjustment company, to discharge or to threaten to discharge, or to refuse to rehire or recall to active service in a suitable capacity an employee because of the exercise of his or her rights or remedies granted to him or her by this Act.
820 ILCS 305/4(h).
You can contact the local bar association for your county,
and hire an employment attorney to bring legal action,
You should also consider a constructive discharge lawsuit,
which is when the employer created such a harsh work environment, that an employee had no other option but to resign,
What are my chances of winning such a suit? This is a big company, I'm one person.
If you can prove the harassment happened after you filed the complaint,
or you have co workers or previous complaints,
that you made to the employer about the harassment you have a chance to succeed,
Many times a large employer will try to settle with you if they feel you will file a suit,
They have no idea that I am considering a suit. I'm pretty sure they thought I quit and just went away. I do not want to go to trial; I just want them to pay for my medical bills (their insurance company, anyway. I have an attorney for that WC claim) and compensate me for upsetting an entire year of my life. I think I went through 5 or 6 jobs before landing in my current role. It was very difficult and very demoralizing.
I would discuss the matter with your current attorney,
and start with sending them a letter threatening a lawsuit,
and see if they will try to settle
My husband's family would poke fun at me for changing jobs so often.
My WC attorney is good but may or may not be willing to send a snarky letter. But of course I can ask. Is it better to come from an attorney or can I send the letter myself?
It is best to have an attorney send the letter, cite the above law,
the Illinois law is clear,
you can send the letter as well,
and cite the law, and state in detail the conditions you face, and that you will seek all legal options available,
Also speak to former co workers to see if they will support you
Thank you. They will. I practically have a class-action suit against this nutcase.
Thanks for your help. Have a wonderful evening.
Than you should seek an attorney who could handle this matter,
It would be worth it,
Good luck, and if you have any further questions please do not hesitate to ask.
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