Legal Question in Employment Law in California
Workmans Comp
My husband was injured on his job. He has been on workmans comp for 4 months. His company called him today and asked him to resign, is this legal?
2 Answers from Attorneys
Re: Workmans Comp
The employer's pressure to resign constitute a "constructive termination" which is actionable in different ways. He can file a 132 (a) petition for penalty for termination while on job-related disability. There are other discrimination laws (such as ADA) and retaliation that may have been violated here as well.Call us at 213.388.7070 for a free consultation.
Re: Workmans Comp
No. If he was injured on the job he is entitled to reinstatment to his old job. If he can't return due to his physical limitations as determined by a doctor, the employer must attempt to accommodate his limitations or provide rehabilitation benefits. Your husband should seek specific advice regarding his injuries and work status with an experienced workers' compensation attorney in your area. He may also have claims under other state and federal discrimination laws.
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