Workers in many industries in West Virginia may find themselves in situations in which their employers interfere with their rights to medical leave. It is not uncommon for employers to retaliate against workers exercising those rights. Although retaliation by employers does not always lead to termination, it may lead to a worker's resignation due to the hostile work environment.
Common forms of retaliation include employers exercising undue pressure on workers to cut short periods of temporary disability or maternity leave. The way in which workers use sick time may be questioned, and, in some cases, unreasonable or unlawful conditions are imposed on a worker's rights to medical visits or maternity leave. Workers have the right to take time off work to care for a spouse, child, or other close family member after surgery or a serious illness or accident. However, applications for such leave are often refused by employers.
Retaliation takes many forms and can be detrimental to an employee's employment opportunities in the future. Some employers deny workers promotion opportunities while some workers are assigned projects to be carried out at unfavorable hours. Employees may also be excluded from benefits that are enjoyed by other workers. Another form of retaliation that is prevalent involves employers demoting workers -- or even discharging them -- upon return from medical leave or even after an absence due to a disability that was covered by workers' compensation benefits.
If you are exposed to a hostile work environment due to the retaliatory actions of your employer, you may find comfort in learning that legal remedies exist. Furthermore, you do not have to face this challenge alone, as JB Akers at the Akers Law Offices, PLLC, in Charleston is available to explain your rights to medical leave. This West Virginia attorney focuses on protecting the rights of employees who are victims of employer retaliation.