Legal Question in Workers Comp in Missouri

Re: Harassment to the employee

Yes, they can threaten you, but it is against the law to actually FIRE you. The difficulty is in proving that the ONLY reason you were terminated was for filing a workers' compensation claim. It is therefore crucial that you document threats of termination as they occur, preferably in a calendar or notebook. Keep these notes to yourself, and an employer might take offense to you documenting these things, and terminate you under some pretense of wrong doing by you.

Depending on your injury, it is wise to contact an attorney sooner, rather than later, in the process. The best bet is to select a law firm that focuses its practice on protecting the rights of injury victims.

Should you need a referral, please feel free to contact me.

Re: Harassment to the employee

Mr. Farris is correct. There is often no punishment for an employer that threatens to fire an injured employee. As you may know, Missouri is a right to work state, so you can be terminated for no reason in most situations.

Mr. Farris is also correct that you should privately document these interactions. You should also make note of the exact location and time of the conversation and list all other peoeple who were in ear shot of it.

Unfortunately, some defense attorneys have advised their clients to threaten termination to dissuade employees from filing a claim, and also to encourage employees to return to work sooner after an injury. If you have documentation, of these threats and other interactions, you will be providing your attorney with valuable information about the defense attorneys strategies and the employer's knowledge level as to their powers and responsibilities.

However, not all discussions of terminating employment are bad. In some circumstances, especially with smaller employers, a kind manager may forewarn an injured employee that someone else will be taking over their job duties, where it could not be allowed to "pile-up" while the employee is recovering from an injury. You did not mention "how" the employer threatened termination, assuming your question applies to a real live situation. If you need assistance on the western side of Missouri, you may contact me, if Mr. Farris' offices are too far from you.