WISCONSIN WORKERS COMP / FAILURE TO RE-HIRE CLAIMS
In the State of Wisconsin, it may be considered an “unreasonable refusal to rehire” when an employee sustained an injury in the course of employment and is subsequently denied reemployment.
UNREASONABLE REFUSAL TO REHIRE
If the employee can show that he or she was refused rehire, the burden shifts to the employer to show a reasonable cause for the refusal to rehire. Invariably, the employer will attempt to claim that the employee’s position was eliminated or that they no longer had a job which the employee can do with the limitations associated with their work-related injury.
Therefore, the question with claims of unreasonable refusal to rehire is what is “reasonable”. If an employer is found to have acted unreasonably, then they face significant penalties.
LOST WAGES & PENALTIES
The employee may be awarded wages lost during the period of such refusal, up to and including one year’s worth of wages. If you have questions with regard to this issue, please contact Attorney David Daul to discuss if you have a viable claim for “refusal to rehire”.
The attorneys at Wanezek & Jaekels, S.C., are experienced in handling a variety of work and employment related legal matters, including other workers compensation issues, ERISA rights, and other employee actions against employers in the Green Bay, Wisconsin area.