Legal Question in Employment Law in California

There is a penalty under Labor Code 132(a) and also it may be a wrongful termination and discrimination and retaliation. Feel free to call us at 213.388.7070 for a free consultation.

An employer may not fire an employee BECAUSE he or she filed a worker�s compensation claim. Doing so constitutes wrongful termination in violation of public policy. If your work-related injury was also a disability and/or serious health condition, you could also have a case for disability discrimination and/or violation of FMLA and/or CFRA.

If you believe you were fired BECAUSE you filed a worker�s compensation claim, please feel free to call our office at (213) 536-4236.

The only way you're going to get any meaningful and informed opinion/advice is to sit down with experienced counsel, who will be able to provide it to you only after reviewing all the contracts, documents, facts, legal issues, etc., with you. You can not get 'legal advice' here; that would be against the legal ethics rules for an attorney to provide it to non-clients. At best, you are getting only 'helpful hints', based on insufficient scraps of information. We don't have enough information to be able even to give you a hint.

An employer can fire an employee for any reason that is not prohibited by law, and as long as it is not a pretext for a prohibited firing. So as long as it was not retaliation for the claim, or for being off work due to the injury, the employer can fire the employee regardless of the claim. I would, however, not recommend an employer do that, because it could always give rise to a retailiation claim, unless the employer had clear independent cause for the firing.