Legal Question in Employment Law in California
terminated due to prior work restrictions
I had been an employee at a major Aerospace company for 13 years. I had a Workers Compensation Case in 1992 concerning my wrist. Restrictions were put on my wrist not to lift more than 25 pounds. I filed another Workers Compensation Case in 1997 due to chemical exposure. I just settled the chemical exposure case last week and attempted to return to work. I was not allowed to return after the just finished Work Comp case due to the 1992 restrictions, even though I had worked with the same restrictions on my wrist from 1992-1997. Is my termination legal?
1 Answer from Attorneys
Re: terminated due to prior work restrictions
Sounds like the employer may have violated California Labor Code Section 132a, which prohibits discriination based upon the filing or making known the intention to file a workers' compensation claim. A qualified Workers' Comp specialist should be consulted.