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When wrongful termination arises from filing a claim

No worker should fear losing his or her job or facing retaliation for filing a Missouri Workers' Compensation claim. Even if those are worst case scenarios, employees still worry about being overlooked for promotions and other employment opportunities if they file a claim.

Although it can be tricky to prove discrimination or retaliation stemmed from a claim being filed against an employer, it is illegal to discharge a worker for filing Workers' Comp claims or complaints. Successful claims must establish:

-- Prior to being injured, the claimant was an employee of the company

-- Post-injury, he or she filed a claim with the Missouri Division of Workers‘ Compensation

-- The company retaliated by discriminating against or terminating their employee

-- There was a causal link between the filing of the claim and the subsequent discrimination or firing

In some circumstances, workers can negotiate for a severance package in lieu of filing a wrongful termination lawsuit. Negotiations are often best left to an employment law attorney who is familiar with the ins and outs of the law and has no pre-existing relationship with the company.

Our attorneys are skilled at deftly negotiating for the best deals for our clients as well as being strong courtroom advocates if the claims can't be resolved to their satisfaction. We can review your case and provide you with a professional assessment of the legal options you have at your disposal. We understand that taking action against your employer is not a decision you made lightly and will zealously fight for you to keep or be in reinstated at your job.

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Holman Schiavone, LLC
4600 Madison Avenue
Suite 810
Kansas City, MO 64112

Toll Free: 888-493-5074
Phone: 816-399-5149
Fax: 816-283-8739
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