Have I been wrongfully discharged after getting hurt on the job?
Wrongful Termination
With a rare exception of the ‘at will’ termination law of Alabama, the workers of this state have a cause of action for retaliatory discharge. That cause of action now codified at §25-5-11.1 (Code of Alabama) states:
“No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover worker’s compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant Subdivision (c) (4) of §25-5-11.”
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Overview
How Do I Know That I’ve Been Fired for Getting Hurt On The Job?
Typically, if your employer makes up a reason to fire you after you have been hurt on the job, then that is indication they are retaliating against you. Compare how they treated you before you were hurt versus how they treat you after you have made a worker’s compensation claim.
What About Age Discrimination?
The Federal Age Discrimination in Employment Act prohibits discrimination based on a person’s age, if that person is 40 years of age or older, and the employer has 20 or more employees. Under this law, there is a Charge of Discrimination filing requirement with the EEOC, which must be done within 180 days of the discriminatory conduct.
Also, Alabama has it’s own age discrimination law that mirrors the Federal Statute but there is no state agency filing requirement. A lawsuit must be filed within 180 days of the discriminatory act
What about Disability Discrimination?
The Americans with Disabilities Act prohibits discrimination in the workplace on the basis of an individual’s disability. In order to seek protection under this Federal law, a person must be able to show that they have a disability, and that they have made a request for a reasonable accommodation, which would allow them to perform the essential functions of their job, or the job sought.Do you need an Attorney in one of the Following Cities?
Everything about our firm is geared toward meeting the needs of our clients. Select a city near you for information specific to your area.
98%
SUCCESS RATE
Recent Successes
$1.7 Million
$1,700,000.00 settlement with a commercial cleaning company. The father of a young family fell as a result of not being warned of a wet floor. Because of his injuries we were able to show he was permanently disabled from performing his occupation.April 10, 2019 • Personal Injury
$1.5 Million
A workers’ compensation trial in the Circuit Court of Etowah County ended in a permanent and total disability verdict for our client. This would result in a lifetime payout of over 1.5 million dollars.November 30, 2018 • Worker's Compensation
$155,000
$155,000.00 settlement for a wife and husband where the wife was injured in a side impact collision car wreck. The wife was severely injured had several surgeries. Fortunately, we were able to get the insurance reimbursement amount cut in half.November 21, 2018 • Car Wreck
$287,000
Worker’s compensation settlement hearing where our client was permanently disabled as result of his on the job injury. Instead of a weekly payout over the course of his life, he is accepting a lump sum of $287,000.00.May 15, 2019 • Worker's Compensation
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We care about our clients as people. We treat everyone as we would want to be treated. That is something that has enabled us to effectively practice law for more than two decades.
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Great attorney, would recommend him to anyone!! Great workers comp attorney as well!! Thank you for helping us through some rough times!!
Brooke Durham
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Phillip miles is too me in my family the best Attorney in Gadsden. He cares about the people.
Levorn Davis
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The attention Philip has given our business is second to none. He is very detailed and super easy to work with. I would recommend Philip to any business needing an attorney.
Jason Guinn
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Great lawyer. He helped me with my case and treated me fairly. I felt heard and important. If you need a lawyer call him.
Missy
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Great professional service. Friendly group working hard for you. Have used for years. He always goes extra mile to get every thing the law says you are owed. Very easy to talk to and explains complex legal jargon so normal people can understand. Highly recommend this Firm. Good People
Missy
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Phillip miles is too me in my family the best Attorney in Gadsden. He cares about the people.
Miaa Murry
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