Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

Home » Blog » Workers Compensation Discrimination

Workers Compensation Discrimination

Share

Case: Kighwauda M. Yardley v. Hospital Housekeeping Systems, LLC., 3:13-cv-00622, U.S. District Court of the Middle District of Tennessee.

Issues:

(1) If a prospective employer refuses to hire a job applicant because that applicant had filed, or is likely to file, a workers’ compensation claim incurred while working for a previous employer, can that applicant maintain a cause of action under the [Tennessee Workers’ Compensation Law] against the prospective employer for failure to hire?

(2) If so, should courts apply the motivating factor standard of causation, as they do with retaliatory discharge claims?

Facts:  This case considers the above certified questions from federal district court.

Review Granted:  November 19, 2014.

Prediction: Ben thinks the court will answer “yes” to both questions to preserve the essential purpose of the statute to protect workers.