Unfortunately it is very common to have unfair actions made against an employee. An employee should be able to identify when he is wronged and should be aware of the actions that can be taken in such cases.
In many cases, an employer is the one who can be held liable for wrong doings made against an employee. The employer is held accountable when there is retaliation due to an employee engaging in protected activities. The employer is also held accountable when there is an absence of adequate training for an employee which may lead to injuries that can be fatal.
There are a number of ways in which an employer can retaliate when an employee participates in protected activities. For example, a case of employer retaliation could be, if an employee gets fired soon after raising a workersâ€™ compensation request. Raising a workersâ€™ compensation request is considered a protected activity.
The actions that are taken by an employer may not always be termination of services. A number of negative actions can be considered retaliation. A promotion being passed over or a demotion from the currently held position or unnecessary pay cuts can all be considered as employer retaliation actions.
An employer is in no way permitted to take such actions against an employee for participating in protected activities. Protected activities may include filing complaints, whistle blowing on wrongful activities or any such forms of activities where an employee is asserting his own personality. An employer retaliating against an employee who is indulging in any form of self-expression is liable to legal action.
It must be noted that this is applicable only when an employee takes an action as a result of self expression. If an employee has not performed his tasks as per expectations or has indulged in any form of misconduct the employee is likely to face consequences. A few possible consequences are, a demotion, or even a termination of service. Both of these consequences are not considered wrong or illegal.
Employer retaliation is illegal and an employee can file a suit against the employer.
Inadequate Employee Training Resulting In Injury
When there was inadequate training and an employee has applied for a workersâ€™ compensation due to injury and is unable to return to work for a while, a company can look for a replacement to fill the position. The company is not legally bound to keep the position open for the injured employee for long. An employee may be absent for a prolonged period of time and it is unfair to expect a company to keep the employeeâ€™s position vacant.
For example, an employee has the right to file a suit in case the employer has retaliated against them. In this scenario, the employer will try to show that their actions were not biased. The employer may even try to prove how the action was justified. So in such cases, there is always a need to prove the actions taken against you were unjust and retaliatory. Written and documented statements are always best proof to use for a lawsuit. There should be enough documented proof of when the protected activity was undertaken and the time period following which the retaliatory action was performed.
Now let us look at the cases where inadequate training by an employer can result in a lawsuit.
An employer is required to ensure the provision of adequate training to the employees. If an employee is in contact with hazardous chemicals, then proper safety equipment required to handle it also needs to be provided. The employee needs to be further trained to use all the safety equipment available. The employee should be educated about the place where he can stand in order to not get struck by some object or machine. Appropriate headgear and visual safety gear need to be provided. Most importantly, rules need to be in place to ensure adherence to employee safety at the work place.
Breaks must be provided between long sessions of work. This helps give an employee a much needed rest to relax stressed muscles due to continuous strenuous work. Many workers perform repetitive actions which can lead to strained muscles. A break at regular intervals can provide the employee time to stretch the strained muscle thereby relieving it. Providing breaks at regular intervals is also said to improve the productivity of employees. A moment to rejuvenate can improve the employeeâ€™s health which in turn will benefit the company.
If a company fails to provide all the necessary training, the company may be held liable in case of an on the job injury to an employee. If an employee gets hurt on the job while performing a task without the necessary safety precautions, he is entitled to sue the employer for inadequate safety conditions.
Employers cannot expect employees to work in harmful conditions. Employees who work in harmful conditions run the risk of injury or even death.
There are a lot of injuries that occur at workplaces that are a result of lack of training. Electrocutions, suffering a fall from a considerable height, getting hit by a heavy object are all such incidents which can turn fatal. A lot of studies show that these are the most common kinds of injuries that occur at factories or construction sites.
An employee can seek help from a professional when it comes to filing a lawsuit for either of these employee liabilities. This will help the employee follow through with the lawsuit successfully and with the necessary guidance. Employment laws always protect the rights of workers. Employee injuries due to inadequate training can often result in permanent damage or at times even death. This is why the employer must be held responsible as he has failed to protect his employee and ensure safety. Such negligence on part of the employer should not be left unpunished. By law, it is the duty of an employer to ensure his employee’s safety.