If you were forced to quit your job after a work injury, you may have legal options available to you. Let’s take a look at how the law views forced resignation after a work injury and how consulting an attorney can help you if you’ve been unlawfully forced to resign.
Why Would You be Forced to Quit After a Work Injury?
When you experience a work injury, it’s possible that you will need to take time off from work in order to recover, or you may need to alter your work environment in some way to accommodate your condition. Unfortunately, employers may find it easier to fill your position permanently, rather than finding a temporary replacement while you recover. They may also be unwilling to accommodate you at work until you get better.
Additionally, when you sustain an injury at work, you may file a workers’ compensation claim in order to collect benefits to compensate you for your injuries. While none of these are valid reasons for forcing you out of your job, your employer may find forcing you to quit easier than dealing with the repercussions of your work injury.
Forcing You to Quit is the Same as Termination
In order to force you to resign from your position, your employer might try to make your work conditions miserable and difficult to the point where you have no choice but to quit. Or they may outright tell you that they will fire you if you do not resign. Regardless of the reasons or the phrasing behind your forced resignation, forced resignation is no different than terminating employment so far as the law is concerned.
Is Forced Resignation Legal?
It is illegal to terminate an employee because of a work injury. Legally, forced resignation is the same as firing, and is called “constructive discharge.” When an employee quits their job of their own accord, they are not able to sue for wrongful termination. Quitting your job voluntarily also makes you ineligible for unemployment benefits. Employers try to facilitate this by forcing you to quit, but forcing you to quit is not the same as you quitting voluntarily.
If forced resignation was viewed legally as the same as voluntary resignation, or if employers were allowed to fire employees because of work injuries, this would defeat the workers’ compensation system. Workers’ compensation is in place to provide employees with a no-fault system of receiving compensation for injuries they receive on the job. Employees who are injured at the workplace have a right to make a workers’ compensation claim and collect their benefits, and it is unlawful for an employer to terminate their employees in order to prevent them from doing so.
Contact an Attorney at Mitch Grissim & Associates
If you’ve been injured at work and were forced to resign as a result, you may be entitled to take legal action against your employer. A local Nashville, TN attorney at Mitch Grissim and Associates can help you understand your legal rights. Contact us today so we can help you through this difficult time.