Legal Question in Employment Law in California
I worked for a company for over 4 years. After heavy lifting of some boxes that needed to go to storage, that no one would do and that a VP was hounding me to do, I suffered some back strain. I took a day off because my back hurt. I then went back to my normal routine of work, which is pretty stationary, because they want you at the desk most of the time, and get upset if you are gone too long even if it is company related business. So my condition worsened to the point that I couldn't walk or stand upright becuase it hurt so bad. I would cry at work the pain was so awful, I couldn't feel my toes. So rather than file a WC claim, or let me go out on disability to get medical attention, they laid me off due to corp restructuring and lack of work, but turned around and immediately hired another dept's VP's fiance as my replacement. This all came after I had also reported them for unethically drinking and driving from a company function the week before, anonymously. I just don't know if I have any recourse other than collecting unemployment since I no longer work there.
3 Answers from Attorneys
It appears you may have been subject to both disability discrimination and retaliation for whistleblowing (although you said your report of drunk driving was anonymous, so if no one knew it was you who reported the illegal conduct, they cannot be said to have retaliated against you for reporting it in the first place).
One concern raised from your question, however, is the fact that they hired a VP's fiance to replace you. If they fired you because they wanted to hire the fiance, while unfair and not "right," they have not engaged in illegal or unlawful conduct. However, if they chose to get rid of you because of your injury and subsequent disability, then you may have a claim for discrimination.
If you believe your termination was due in part to either your injury or in retaliation for making a complaint of illegal conduct, or both, or some other unlawful reason, then you should talk to an employment lawyer immediately. My office would be happy to review your situation and assess any potential lawsuit. The best and most efficient way to do this is to complete our online case evaluation questionnaire, which can be found at our website, www.sarnofflaw.com.
You have a year from last day of employment to file a WCAB claim for injury or retaliatory firing. Hire a WCAB attorney if you don't know how to effectively represent yourself in those proceedings.
IF you can somehow demonstrate the termination was in retaliation for 'whistleblowing', rather than for the WCAB injury and potential claim, then you may have a civil case for wrongful termination. If so, feel free to contact me to discuss. I've been doing these cases for over 20 years.
You have a valid worker's compensation claim for temporary disability benefits, medical treatment, and a settlement for permanent disability benefits. Feel free to call us at 213.388.7070 for a free consultation.
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