Legal Question in Employment Law in California

Termination

I am in the process of being layed off and have heard that an other person has been brought in to fill my position. I have received no formal notice as yet. I was injured at work and have a work comp. case pending. I am out on Temp. disability waiting for surgery. Can they replace me and do they have to pay my sick leave and vacation?


Asked on 7/31/03, 3:17 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Termination

This sounds like a possible case of workers compensation retaliation. They cannot permanently replace you for a workplace injury. You should contact a workers comp specialist in your area. He/she will probably write them and inform them that you expect your job back when you recover and that the person who replaced you should be classified as temporary.

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Answered on 8/05/03, 12:11 am


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