Experienced Injury Lawyers Serving Wisconsin
Unreasonable Refusal To Rehire

Unreasonable Refusal to Rehire

An employee who is terminated without reasonable cause after he or she sustains a compensable work injury may have an unreasonable refusal to rehire claim against his or her employer.

Once an employee shows that he or she sustained a work injury and was not rehired, the burden shifts to the employer to show reasonable cause for not rehiring the injured employee. To establish reasonable cause, the employer must show some other reason, not associated with the work injury that justifies its decision not to rehire.

An employer who is found to have unreasonably refused to rehire an injured employee must pay a penalty amount consisting of one year of wages. Generally however the Department will not order the employer to pay a lump sum, but instead takes a week-by-week look at the wages lost from the employer and wages the injured employee received elsewhere. The employee will receive the accrued portion of the penalty from the employer as a lump sum payment with the remaining unaccrued portions payable anytime the employee earns less than the admitted average weekly wage used to calculate the penalty amount.

Client Testimonials

    Everyone was so very kind to me... We were all made to feel welcome, made to feel supported, and made to feel like we belong there. That was very important to me since I was pretty stressed out a lot of the time.

    - Susie

    We had a very positive experience with Lawton and Cates in Madison, Wisconsin.

    - Scott

    Lawton & Cates is one of the best and very well-known law firms in Madison, Wisconsin. They deal in all legal aspects of personal injury and accidents.

    - Aston

    Very informative and helpful and quick to respond. I would recommend them to anybody needing advice on disability or SSI.

    - Oliver

    I hired Lawton & Cates, and they did wonders [...] The result was that I got full custody of my son. I would tell anyone to go to Lawton & Cates.

    - Kim

Don't Wait

Request a Free Case Evaluation Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.