Legal Question in Employment Law in California
termination through Megan's Law
My friend was hired by a Calif based retail chain 6 yrs ago. at that time he checked the yes box on his app that asked about felon charges. In 4 years he worked his way up to an asst. manager for 1 of the stores. Then had a work related accident that crushed his ankle. He was on workers comp for 1 1/2 yrs and 2 surgeries, was put P & S with a 30% disability in Dec of 2003. Right afterwards the company sent him a letter stating he was being terminated because of his felon charge.The charge was 13 years ago and was of a sexual nature, he spent 3 years in prison and is a registered sex offender for life now. Now the underwriter for workers comp has offered him 30,000 with the stipulation that he resign his position(even though supposedly the company has already termed him)His existing Worker.s comp attorney isn't doing anything to help we believe he just wants out.We both have been managers for this company and were taught the ''Golden Rule'' of workers comp. If you have an employee who is of high injury risk, you find some unrelated reason to terminate them when they are released from W.C. But is this a valid term. Can they use the info found from Megan's Law against him? and to add a twist I am still employed by them.
2 Answers from Attorneys
Re: termination through Megan's Law
It appears to be a 132a claim. Need to speak directly with counsel re this.
Re: termination through Megan's Law
It sounds as if the employer's action was initiated because of the workers' comp claim. He should seek a qualified certified workers' comp specialist who will analyze the claim to determine whether your friend has a claim under Labor Code Section 132a which prohibits discrimination for filing a comp claim.
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