By William Powell of Powell & Denny | Published August 26, 2026 | Posted in Workers Compensation | Tagged Tags: free consultation, NO FEE UNLESS YOU WIN, What Is Pretext in an Alabama Retaliatory Discharge Case? |
What Is Pretext in an Alabama Retaliatory Discharge Case?
What Is Pretext in an Alabama Retaliatory Discharge Case? An injured Alabama worker files a workers’ compensation claim and is later fired. The employer says: “We did not fire her because she filed workers’ compensation. We fired her for attendance.” Does that end the retaliatory discharge claim? No. The employer may have a perfectly legitimate reason Read More
Read MoreThe Aldridge Factors: How Alabama Workers Prove Retaliatory Discharge Without a “Smoking Gun”
The Aldridge Factors: How Alabama Workers Prove Retaliatory Discharge Without a “Smoking Gun” An employer who fires an employee because of a workers’ compensation claim is unlikely to put the real reason in writing. There usually is no email saying: “Fire him because he filed workers’ compensation.” There may be no witness who heard management Read More
Read MoreWhat Does “Solely” Really Mean Under Alabama’s Retaliatory Discharge Law?
What Does “Solely” Really Mean Under Alabama’s Retaliatory Discharge Law? If you read Alabama’s retaliatory discharge statute without knowing the cases interpreting it, one word may make a successful claim seem almost impossible: “Solely.” Under Ala. Code § 25-5-11.1, an employer may not terminate an employee “solely because” the employee has instituted or maintained an Read More
Read MoreWhy Does Alabama Law Protect Injured Workers From Retaliatory Discharge?
Why Does Alabama Law Protect Injured Workers From Retaliatory Discharge? An Alabama employer generally has broad authority to terminate an at-will employee. But there is an important exception: an employer cannot fire an employee solely because the employee sought workers’ compensation benefits. That protection is found in Ala. Code § 25-5-11.1, Alabama’s retaliatory discharge statute. Read More
Read MoreCan My Employer Fire Me After I File a Workers Compensation Claim in Alabama?
Can My Employer Fire Me After I File a Workers Compensation Claim in Alabama? One of the most common fears injured workers have is also one of the most understandable: If I report my injury or file for workers’ compensation benefits, can my employer fire me? In Alabama, the answer requires an important distinction. Your Read More
Read MoreDo I Have to Sign the Medical Release the Workers Comp Adjuster Told Me to Sign?
Do I Have to Sign the Medical Release the Workers Comp Adjuster Told Me to Sign? After reporting a work injury in Alabama, you may receive a medical authorization or medical release from the workers’ compensation insurance adjuster. You may even be told that you have to sign it before your claim can move forward. Read More
Read MoreAm I Covered by Workers Compensation While Traveling Out of Town for Work?
Am I Covered by Workers Compensation While Traveling Out of Town for Work? What Happens If You Are Injured on a Business Trip, at a Hotel, in a Rental Car, or While Working Outside Alabama? Your employer sends you out of town for work. Maybe you are traveling to a construction project. Perhaps you are Read More
Read MoreWhat Should I Do After a Car Accident While Working?
What Should I Do After a Car Accident While Working? How to Protect Both Your Alabama Workers’ Compensation Claim and Your Personal Injury Claim A car accident is stressful enough. A car accident that happens while you are working can be even more confusing because you may suddenly be dealing with two separate legal claims Read More
Read MoreWhat If I Was Injured While Riding as a Passenger for Work?
What If I Was Injured While Riding as a Passenger for Work? You Do Not Have to Be Driving the Vehicle for an Accident to Be Covered by Alabama Workers’ Compensation When people think about a work-related automobile accident, they usually picture an employee driving a company vehicle. But what if you weren’t driving? Suppose Read More
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