Legal Question in Employment Law in California

Laid off

Can an employer lay off an employee who is trying to return to work after filing a worker's compensation claim and being treated for an injury under worker's compensation?


Asked on 3/02/06, 7:26 pm

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Laid off

You can claim a penalty by filing a petition under Section 132(a) of the California Labor code if you get terminated because you filed a worker's compensation case. You may also file a different lawsuit for violation of ADA (American Disability Act) for discrimination against disabled employees. Please call me at 213.388.7070 if you are not represented for either lawsuits.

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Answered on 3/29/06, 4:30 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Laid off

Talk to your (or a) workers compensation attorney about filing a Labor Code section 132a claim for retaliating against you for filing a workers compensation claim.

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Answered on 3/28/06, 3:26 pm


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