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Unreasonable Refusal to Rehire

     When a work-related injury takes place, injured workers already have a difficult time maintaining a standard of living comparable to their pre-injury status. They are dealing with the pain and strain associated with injury, the time and energy it takes to complete the necessary medical treatment, and the reduction or in some cases elimination of income. Despite what already may be a stressful time, sometimes the employer will fire the employee while they are still recovering. If the employer unreasonably terminates an injured worker, it is absolutely prohibited and in violation of Wisconsin statute. If an employee is injured at work, and suitable employment is available within the employee's physical and mental limitations, the employer has an obligation to provide work to that employee.

     If the employer does not provide work, or terminates the employee, the employer has the burden to prove it had a reasonable reason for doing so. If the employer cannot provide a reasonable reason for firing the injured worker, the employer is liable to pay to the employee the wages lost during the period of that refusal of work, not to exceed one year’s worth of wages.

     Termination following a worker’s compensation claim is unfortunately not an uncommon occurrence. However, Wisconsin Law is set up to protect employees from this type of retaliation from employers. If this has happened to you or someone you know, call Brabazon Law Office today to speak with our experienced workers compensation attorneys. The attorneys at Brabazon Law Office are familiar with the requirements for a successful refusal to rehire claim, and make it a point to advocate zealously and aggressively for their clients in an effort to acquire reimbursement for their losses.

     If you feel you have been unreasonably refused to be rehired after a workman'c compensation claim, contact me, Shane Brabazon directly at (920) 494-1106 for a free consultation to discuss your circumstances.

     Contact Attorney Shane Brabazon for questions or issues in the area of worker's compensation and personal injury law. If you have questions about your new or existing worker's compensation matter, please contact Shane at 920-494-1106, or e-mail him at

Brabazon Law Office, LLC P.O. Box 11213 Green Bay, WI 54307-1213 Phone: (920) 494-1106 Fax: (920) 494-0501 E-Mail:

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