What are the different types of anti-retaliation regimes.
From time to time, it is necessary to discipline and/or terminate employees. When the employee to be disciplined or terminated has also filed a workers’ compensation claim, the process becomes even more complicated because of the anti-retaliation provisions in most workers’ compensation statutes. Each state’s workers’ compensation statute is different. If a federal workers’ compensation statute, such as the Longshore and Harbor Workers’ Compensation Act, has jurisdiction, it must also be considered. In dealing with any specific situation, it is imperative that the applicable workers’ compensation statute be consulted because anti-retaliation provisions vary from state to state.
James M. Mesnard
The Postol Law Firm
- Counsel with The Postol Law Firm
- Practice focuses on defending employers in contested workers’ compensation claims, defending workers’ compensation retaliation claims in civil actions and administrative proceedings, and defending employers in lawsuits filed under various federal employment discrimination statutes
- Counsel to the Washington, D.C. office of Seyfarth Shaw, LLP from 1987–2018
- Law clerk to the chief administrative law judge for the U.S. Department of Labor, where he helped prepare decisions on contested workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act
- J.D. degree, University of Maryland School of Law
- Can be contacted at [email protected] or 571-378-6367
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