Employer Retaliation After a Jones Act Claim: Know Your Rights

Don’t Avoid Filing a Jones Act Claim, We Will Protect Your Rights

For maritime workers, the decision to file a Jones Act claim is often coupled with the fear of professional blacklisting, termination, or other career-ending retaliation. This often prevents injured seamen from seeking the compensation they are legally owed. 

If you have been injured or believe you are facing discrimination for filing a claim, the dedicated Jones Act lawyers at Oberheiden Law Group are here to protect your career and your financial future. Contact our team immediately to fight back against unlawful employer tactics.

The Federal Prohibition Against Retaliation

The Jones Act provides relief and protection to injured workers. If employers were permitted to fire or punish employees for filing legitimate claims, the Jones Act would be rendered meaningless. 

Therefore, federal courts have established that it is a violation of maritime law for an employer to retaliate against a seaman for asserting their rights under the Jones Act or General Maritime Law (including the right to Maintenance and Cure).

What is Considered Protected Activity in a Jones Act Claim?

A seaman is protected from retaliation when they engage in “protected activity,” which includes:

• Filing a Jones Act lawsuit against the employer or vessel owner.
• Filing a claim for Maintenance and Cure (basic daily living expenses and medical care).
• Reporting an accident or injury to a supervisor, captain, or medic.
• Requesting necessary medical treatment or seeking a second opinion from a doctor outside the company’s network.
• Refusing to sign documents that waive legal rights or release the employer from liability.
• Cooperating with a governmental or legal investigation into the accident.

What Constitutes Jones Act Retaliation or Adverse Action?

Retaliation is not limited to termination. Any adverse employment action taken by an employer because the worker engaged in a protected activity is unlawful. 

• Wrongful Termination or Layoffs: Firing a seaman shortly after they file a claim, often under a fabricated or pretextual reason
• Demotion or Reassignment: Placing an employee in a less desirable, lower-paying, or dead-end position upon their return to work
• Harassment or Hostile Work Environment: Creating an atmosphere of intimidation, isolation, or harassment to coerce the employee into quitting or dropping the claim
• Blacklisting: Discouraging or actively preventing the seaman from obtaining future employment with other maritime companies
• Withholding Benefits: Arbitrarily reducing pay, cutting work hours, or denying the employee earned promotions or bonuses

Proving Illegal Retaliation

Maritime employers rarely admit that a termination is retaliatory. They often cite performance issues, restructuring, or generalized “at-will” employment as justification. Proving retaliation requires demonstrating that the employer’s true motivation was the protected legal action.

The Burden of Proof in a Retaliation Claim

To succeed in a retaliation lawsuit, the seaman must generally prove three elements:

1. Protected Activity: The seaman engaged in a legally protected activity.
2. Adverse Action: The employer took an adverse action against the seaman.
3. Causation: The adverse action was motivated, at least in substantial part, by the seaman’s protected activity.

Proving causation often relies on the timing of the action and documentary evidence. For instance, if an employee received excellent performance reviews for five years and was suddenly fired a week after filing a lawsuit, the timing strongly suggests a retaliatory motive.

Legal Remedies for Retaliation

Retaliatory discharge claims can result in significant awards designed to punish the employer and restore the employee’s career. Recoverable damages in a retaliation lawsuit may include:

• Reinstatement: An order requiring the employer to return the seaman to their former position with the same pay and privileges.
• Back Pay: Compensation for all wages and benefits lost from the date of the unlawful termination or demotion up to the date of the verdict.
• Front Pay: Compensation for future lost wages if reinstatement is not feasible.
• Damages for Mental Anguish and Emotional Distress: Compensation for the stress, anxiety, and depression caused by the losses.
• Punitive Damages: In cases where the employer’s conduct was willful, malicious, or reckless, the court may award punitive damages designed to punish the employer and deter future illegal acts.

Oberheiden Law Group Will Help Protect Your Rights Under the Jones Act

Maritime workers who file a Jones Act claim often do so after a maritime accident that causes significant medical expenses, physical pain, and mental anguish. Many injured seamen must undergo medical care, physical therapy, and occupational therapy while they work toward reaching maximum medical improvement, and the injury affects their ability to perform normal job duties aboard a vessel. Because the Jones Act requires maritime employers to follow federal law and avoid employer negligence, crew members are entitled to pursue compensation for lost wages, lost earnings, lost income, unearned wages, and future earnings when a maritime employer or vessel owner violates these obligations.

Unlike land-based workers who rely on workers’ compensation benefits under a no-fault system, seamen injured while working aboard a vessel must prove negligence, collect evidence, and file a Jones Act lawsuit or act claim to recover damages for pain and suffering, emotional distress, mental pain, and future medical expenses or future medical costs. These claims may also include maintenance benefits and cure benefits when medical treatment is still required, and maritime law provides additional remedies for injured workers when a ship owner or seaman’s employer fails to protect maritime workers from preventable harm.

The fear of retaliation is understandable, but it should not stop you from asserting your legal rights after an injury. The law is designed to protect you, and the penalties for violating these protections are severe. A successful Jones Act claim depends on demonstrating Jones Act negligence and presenting the necessary evidence to show how the injury affects earning capacity and overall financial support.

Trust your case to experienced Jones Act lawyers who are prepared to fight both your maritime injury claim and any subsequent retaliation claim. Contact Oberheiden Law Group today to speak with a senior attorney. Our maritime injury attorneys can also explain how to recover compensation for damage not covered by the Workers Compensation Act and help ensure the injured worker does not waive legal rights when dealing with a co-worker, a supervisor, or the vessel owner.

Further Information About Jones Act

• What Is the Jones Act and Who Does It Protect?
• Common Jones Act Injuries: What Maritime Workers Face
• Jones Act Lawsuits: How to File a Claim and What to Expect
• Proving Negligence Under the Jones Act: What You Need to Know

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.