Legal Question in Disability Law in California

Terminated due to prior injury

I injured my right knee while apprehending a shoplifter. The company refused to accept liability even though there were several witnesses to the injury. I was taken off work by their doctor but the company ordered me to work my regular hours. While working at a different location, I stopped a shoplifter and attempted to escort him back to the store. The subject became combative and bit a finger on my left hand. The injury was severe and required surgery and a hospital stay of 10 days

I was called to L.A. from San Diego and advised of my termination without reason. The company continued to refuse medical on my knee. The pain was to much so I elected to pay for the surgery myself.

After 5 months or so, the company contacted me and stated that the termination was a mistake and the needed me back on the job. I drove to L.A., filled out the rehire paperwork and was welcomed by with (The Family) full time. I was than assigned to a store for an 8-hour shift. After about 2 hours, the supervisor contacted me at the store and advised me to go home because of a problem. Over the next week I spoke with several supervisors and advised that I be terminated because I was a potential worker's comp risk.

I believe I was discriminated against due to a previous work comp injury that left me with a permanently disabling condition. This head injury in no way affected my ability to preform on the job. In fact, prior to termination I was recommended for Supervisor.


Asked on 12/02/97, 7:14 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Terminated due to prior injury

You don't need advice, you need a lawyer to prepare your case and take it to court. Start looking.One good indication they are serious about representing plaintiffs and whether they actually take cases to trial instead of quickly settling is if they belong to ATLA -- Assocition of Trial Lawyers of America.Good luck.

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Answered on 12/05/97, 8:01 pm


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