How can I prove I’m being punished for filing a workman’s comp claim for being injured on the job?

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How can I prove I’m being punished for filing a workman’s comp claim for being injured on the job?

My fiance and I both work in EMS. We
have worked on the same truck for the
same company for over two years. Last
week she filed a workmans comp claim
because she hurt her back lifting a pt.
Today our boss told us we could no
longer work on the same truck. He would
not give a reason. As immature as this
sounds he literallly said, because I
said so. I know he is upset about the
claim. He griped at her, saying do you
know how much this is going to cost me?
Can he legally seperate us without
cause? We have had a verbal agreement
in the past that we could work together
but nothing on paper.

Asked on May 9, 2017 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this is nothing you can fight for:
1) Without a written contract guarantying your right to work together, the employer has free right to adjust your schedules, locations (i.e. trucks), etc. An oral (that's the better term than "verbal") agreement does not alter the employer's control (part of "employment at will") over staffing, scheduling, etc.
2) More generally, while you cannot be retaliated against for filing for worker's comp, "retaliation" is  losing something core to employment: opportunities, pay, benefits, job security, etc. It is not losing something which is not part of the job and which an employer had no obligation to give you in the first place.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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