Legal Question in Employment Law in California
wrongful termination and final paycheck
8/28/99
On 8/31/98, I was injured at work and filed a
workers compensation case outside of the 24
hour window. The case was branded AOE/COE.
On 11/16/98, I received 1 of 3 back to work
releases, first from my doctor, the second
from the EDD doctor, and the third from my
employers third mandatory examination.
On 11/19/98, the ins. carrier unjustly denied my
claim.
On 5/27/99, my employer finally relented, and
permitted to return to my job of 15 years.
On 8/12/99, I contend that I was discriminated
against until wrongfully terminated via a phone
call,recorded with permission. I allege this is
in retalliation for said WC case.
On 8/18/99, after my third day of in pro per
trial litigation,I successfully put forth to
the court my contention that the defendants are
committing illegal acts/fraud to unlawfully
deny my claim for benefits.
On 8/25/99, I received my final paycheck, dated
8/19/99, via certified mail.
How do I prove wrongful termination?
Is my employer financially liable for delaying
the paycheck?
Will I forefit any legal rights or reinstatement
by cashing it?
1 Answer from Attorneys
Re: wrongful termination and final paycheck
California Labor Codew Section 132a prohibits discrimination on the basis of filing or making known the intention of filing a workers' compensation claim. An experianced workers' comp attorney can assist you in filing the appropriate petition.
California Labor Code Section 203 requires employers to pay an employee in full upon termination. A penalty, consisting of your daily wage multiplied by the number of days it takes the employer to pay, up to a maximum of 30 days is available. The Labor Commissioner, Department of Industrial Relations, Division of Labor Standards Enforcement, is the appropriate agency for your claim.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
