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Can Your Hours Be Cut After a Worker’s Compensation Claim?

If you filed for worker’s compensation and are now seeing a noticeable dip in your scheduled hours, that might be happening for a few reasons—and some have more merit than others. If you find that your hours have been cut after you filed a worker’s compensation claim, it’s time to investigate further.

What the Law Says

Under worker’s compensation laws, your employer may not retaliate against you for filing a worker’s compensation claim. Retaliation can include harassment, termination, and under-scheduling.

When Cutting Your Hours Is Valid

There are some legally protected reasons why your employer may be cutting your hours. If you only work part time, there’s a great deal of flexibility in that schedule, and your employer may not be scheduling you simply because they don’t need you to work. Other valid reasons for your sparser schedule could include:

  • Poor job performance
  • Chronic tardiness
  • Your doctor has recommended that you work fewer hours

Generally, if your coworkers are also seeing their hours reduced, you’re probably not being singled out. In addition, many companies tighten their belts a little at the end of a fiscal quarter. However, if you’re medically cleared to return to work and don’t have any performance problems, a reduction in hours could feel targeted.

When Cutting Your Hours Is Retaliation

Retaliatory action comes in many forms. If your hours are being cut and you’re being given unpleasant work—especially if you’re the only one receiving this treatment—consider talking to an employment law attorney about your concerns. Claims of employer retaliation can be tricky to navigate on your own. You’ll need to prove that your reduction in hours was targeted at you and that it started only after you filed for worker’s compensation. Your attorney will need to rule out any possibility of a coincidence.

When you return to work after filing a worker’s compensation claim, try to think like an attorney and rule out any coincidences if your hours have been cut. Even if the scheduling feels personal, look at it from all angles. If you’re performing well and still feel targeted, call Rossman Law Group for a free consultation. We care deeply about the rights of all workers.