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I got mysteriously fired after applying for workers compensation. Is this considered wrongful termination in Washington?
I am a resident of Washington and I was injured on the job. I applied for workers compensation benefits, and “mysteriously” got fired. I had a perfect record of attendance at my job and was on my way to a promotion. I feel as if I was wrongfully terminated because I applied for workers’ compensation benefits. What do I do?
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Answers
The state of Washington does not condone discrimination or retaliation against an employee by an employer for filing a workers compensation claim and receiving compensatory benefits. In Washington, being fired after you have filed a workers compensation claim can be considered retaliation or discrimination. However, your employee track record in several areas is extremely crucial. If you have not learned and followed your employer’s safety and health rules, not followed all your employer’s policies, and/or had numerous job injuries, the law could consider your employer’s actions not to be discriminatory or retaliatory.
I suggest you consult an attorney who has knowledge about the laws governing this type of discrimination and retaliation in Washington State and experience dealing with wrongful terminations based on workers’ compensation. You can also file a complaint with the state. If you would like specific information on filing a complaint with the state of Washington.
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Posted by Ify Ossai on 11 Feb 2010