Can a Cruise Line Fire Me for Filing a Personal Injury Lawsuit?

Our clients often ask us if their employer (whether it is a cruise line or shipping firm) can fire them for simply filing a maritime personal injury lawsuit. Our answer is that they can, but they will open themselves up to a claim for retaliatory discharge. Maritime law provides a seaman crew member a claim for "retaliatory discharge" where his "employer's decision to discharge him was motivated, in substantial part, by the knowledge that the seaman intends to, or has, filed a personal injury action against the employer." Baiton v. Carnival Cruise Lines Should the maritime employer fire a seaman crew member in retaliation to filing or the possibility of filing a personal injury lawsuit, the law entitles the seaman crewmember compensatory damages. Compensatory damages include the seaman crew member's expenses of finding new employment, lost earnings while he/she seeks another position, and lost future earnings if the seaman crew member's new job pays less than that earned while the he/she was employed by the company that wrongly fired him/her. In addition to these compensatory economic losses, the discharged seaman crew member may be entitled to recover compensatory damages for mental anguish that he/she may suffer as a result of the wrongful discharge. Even though an employer may fire you because you are about to file or have filed a personal injury lawsuit, the law gives you the right to recover against your employer. If you are injured or think your employer fired you because it thought you will file a lawsuit and would like to ask us questions, feel free our board certified maritime lawyers.

Read more detail on Recent Admiralty Law Posts –

Legal notice about the Can a Cruise Line Fire Me for Filing a Personal Injury Lawsuit? rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to Can a Cruise Line Fire Me for Filing a Personal Injury Lawsuit??

This entry was posted in Admiralty-Maritime Law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply