Legal Question in Employment Law in California

Re: Termination after filing w/c claim

If the "corporate restructuring" is really a pretext to get rid of YOU, there may be a claim under Labor Code Section 132a. Were other people affected? Was there a real change in operations? Was the restructuring throughout the entire company?

Seek out the services of a certified workers compensation specialist in you area as soon as you can.

Re: Termination after filing w/c claim

You may have a 132a claim under WCAB rules, contact your Comp Attorney.

Re: Termination after filing w/c claim

From the facts you have provided, it seems that you have several claims -- one in worker's compensation -- Labor Code Sec. 132a prohibits an employe from terminating your job, or taking any action against you for filing a worker's compensation claim. The remedy for that is a penalty not to exceed $10,000, plus backpay, and reinstatement (assuming you have shown effort to look for other work and have been not able to do so; and further assuming that you would be able to return to your former job.)

You may also be able to claim that the employer fired you because of a disability (defined in CA as a physical condition that limits your ability to perform major life activities), and/or because of your age. One important fact is to find out who took over the work you were doing.

The facts you have given suggest that you may have a decent claim -- but you might also want to gather some more evidence before filing a lawsuit. One final note: it makes sense for you to have one attonrey handling both the workers compensation matter and any other civil claims you may later file. Feel free to call me at 415-522-5200 if you have further questions. Good luck.