In the aftermath of a contentious allegation of a work-related injury, the relationship between an employer and injured worker, in many instances, inevitably deteriorates during the course of litigation. As interests of the parties diverge, the chasm in the employment relationship often widens, and termination of the relationship can result. An employment termination taking place following a work injury should be a factually specific issue carefully considered by both parties.
Depending on how the relationship parts, a viable wrongful termination action under Pennsylvania law may result. It should be noted this article aims to focus on wrongful terminations due solely to an injured worker’s assertion of rights under the Workers’ Compensation Act, while other causes of actions may also be viable based on the Family Medical Leave Act, Americans with Disabilities Act and other discrimination laws.
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