Delegate Carter’s legislation regarding the discharge or retaliatory actions against employees who have filed or intend to file a Workers Compensation claim is now on the House Floor. The concern with this legislation is that it could cause an issue for employers who are disciplining an employee for poor performance, but just happen to have filed a Worker’s Compensation Claim. You can find a full summary of the legislation below.
- HB 1754 - Carter - Employer or other person; retaliatory discharge of employee prohibited (Passed House Labor and Commerce Committee, and is now on the House Floor)
Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if such action is motivated by the knowledge or belief that the employee has filed a claim or taken or intends to take certain actions under the Virginia Workers' Compensation Act. Currently, retaliatory discharges are prohibited only if the employer discharges an employee solely because the employee has taken or intends to take such an action.