Legal Question in Employment Law in California

Drugs used at workplace

Does the owner of the company have to provide a safe place for employees to work. Drugs are being used on premisis Also I have just filed a workmans comp claim for carpul tunnel and tendonitis. We have had a lot of layoffs lately and he need to cut more he told me but he brought an x employee back that does acct and she is taking over part of my work without telling me. He did tell me that he has to cut more and what if in the reorganization their was no room for me. Can he lay me off for filling the workmans comp claim?


Asked on 3/27/02, 11:51 am

1 Answer from Attorneys
Christopher Knowdell McCormack & Knowdell

Re: Drugs used at workplace

In general, an employer does have a duty to provide a safe workplace. However, it is unclear from your question how the use of drugs has made your workplace unsafe.

It is a violation of Labor Code �132a to discriminate against an employee for filing a workers compensation claim. The question here is whether a layoff is due to your work injury or due to another lawful reason such as downsizing, or whether the employer has a business necessity for the layoff. If you are unable to return to your usual work because of your work injury, you may also be eligible for Vocational Rehabilitation benefits. If you believe that you have been laid off due to your work injury, you should consult with a workers compensation attorney.

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Answered on 3/28/02, 1:13 pm


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