By William Powell of Powell & Denny | Published August 29, 2026 | Posted in Workers Compensation | Tagged Tags: Do I Have to Be Able to Return to Work to Bring an Alabama Retaliatory Discharge Claim?, free consultation, NO FEE UNLESS YOU WIN, We Work When You Can't |
Do I Have to Be Able to Return to Work to Bring an Alabama Retaliatory Discharge Claim?
Do I Have to Be Able to Return to Work to Bring an Alabama Retaliatory Discharge Claim? One of the more confusing issues in an Alabama retaliatory discharge case arises when an injured employee who has not been medically released to return to his or her regular job is fired. The Employer may argue: “We Read More
Read MoreCan My Employer Fire Me for Attendance Problems After a Workers Compensation Injury in Alabama?
Can My Employer Fire Me for Attendance Problems After a Workers Compensation Injury in Alabama? An Alabama worker suffers an on-the-job injury. Their authorized treating physician takes the employee off work. Later, the employee returns with restrictions. There are follow-up appointments, physical therapy visits, perhaps surgery, and additional missed time. Then the employer says “You Read More
Read MoreHow Important Is Timing in an Alabama Retaliatory Discharge Claim?
How Important Is Timing in an Alabama Retaliatory Discharge Claim? An Alabama employee suffers a workplace injury. The employer learns about the injury and workers’ compensation claim. Two weeks later, the employee is fired. Is the timing enough to prove retaliatory discharge? Not necessarily. But it may be important evidence. In Alabama retaliatory discharge cases, Read More
Read MoreWhat 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 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 MoreCan Mental Illness Prevent Me From Sustaining Full-Time Work Even If I Can Do Some Activities?
Can Mental Illness Prevent Me From Sustaining Full-Time Work Even If I Can Do Some Activities? Why Attendance, Reliability, Off-Task Time, and the Ability to Function Throughout a Workweek Matter in a Social Security Disability Claim You can make yourself a sandwich. People make sandwiches for a job sandwich shops everyday. You can make your Read More
Read MoreHow Does Social Security Evaluate My Ability to Handle Stress and Changes at Work?
How Does Social Security Evaluate My Ability to Handle Stress and Changes at Work? Why Problems Adapting to Workplace Demands Can Be Important in a Social Security Disability Claim You may understand what you are supposed to do. You may remember the instructions. You may even be able to stay focused on the task. But Read More
Read MoreCan Problems Dealing With Supervisors, Coworkers, or the Public Help Me Qualify for Social Security Disability?
Can Problems Dealing With Supervisors, Coworkers, or the Public Help Me Qualify for Social Security Disability? How Social Security Evaluates Your Ability to Interact With Other People at Work You may understand what you are supposed to do. You may be able to remember instructions. You may even be able to concentrate well enough to Read More
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