Legal Question in Employment Law in California
Injured on the job and fired the next day
My father was working as a sales rep and was out on a sales call when he tripped and hurt his knee. He contacted his supervisor and went to the doctor. The next day, his day off, his supervisor came to the house and asked him to resign. She told him if he would resign she would give him a good reference. My father refused and she terminated him. She had not contacted HR to inform them of his injury. It has been over 2 weeks and he still has not received all his final pay.
3 Answers from Attorneys
Re: Injured on the job and fired the next day
An employer may terminate an employee who has a pending worker's compensation claim if the position needed to be filled because of business realities. However, an employer may not terminate an employee in retailiation for the employee filing a worker's compensation claim or treat him in a disparate manner because of the filing. If you feel that he was discriminated against because of the worker's compensation claim, then a Labor Code 132 (a) action may be filed and if successful, increase his benefits by 50%. Call me directly at (619) 222-3504.
Re: Injured on the job and fired the next day
The Worker's Compensation act covers physical injury during the course and scope of employment, which would certainly cover your father's case. Your father has a right to know which insurance company he must file a claim against, and also to make a claim for his injuries. Although an employee in the state is "at will", meaning they can be terminated for any reason, or for no reason at all, if it can be proven that the termination was retailatory, that may give rise to a wrongful termination lawsuit, or a claim under the Labor Code (section 132 (a)) for additional benefits due to the wrongful acts of the employer.
Re: Injured on the job and fired the next day
In addition to what the other attorneys have said, under California law, a terminated employee must be paid at the time of termination at the usual place of employment. If an employer does not pay at that time, the penalty is that your father is still on payroll until he receives his final pay. He should file a claim with the Labor Commissioner.
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