Legal Question in Employment Law in California

wrongful termination

I was terminated for insubordination when I was not on the clock is this legal? I work in a job that is very physical and have a back injury that was caused by my job. The night I was fired for I was told that we were to be short staffed and I told my superviser that I did not want to clock in because my back was bothering me and I did not feel good about the situation. Later I spoke with the Administrator and told him this. The next day he had me go to his office and terminated me. He is completely aware of my back problem because I filed W/C a year ago. And in our line of work it is not legal to be short of staff like that. I would like to know if I have a wrongful termination case. I feel that I do. This cant be legal.


Asked on 7/11/04, 1:09 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: wrongful termination

It is not legal -- you would be able to sue them for both discrimination based on a disability and for retaliating against you for filing a workers compensation claim (if possible, before you filed a lawsuit, you would want to get as much evidence as possible that they fired you because of your back issues -- were there any witnesses?)

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Answered on 7/12/04, 4:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: wrongful termination

If you have a workers comp attorney, contact him/her. The attorney can file a �132a claim for retaliation, which includes penalties up to $10k and reinstatement (not that you'd want to continue working there, of course).

You may also make a claim with the CA Dept of Fair Employment and Housing for disability/medical condition discrimination.

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Answered on 7/12/04, 8:26 pm


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