Legal Question in Workers Comp in California

Fired while injured

Iwas injured on the job and was put on limited duty of two hours a day,things were fine the first week then I went back to the work comp doctor for my next visit and requested four hours a day ther doctor did not want to do it but did any way. The second week seemed to be going okay I had even been giving a trainning class to go to the end of that week(thurs.@ Fri). After the class let out on Friday (aprox 1:00 pm) I attempted to go home and change into my work clothing, Due to road construction and traffic I did not make it back home until aprox 2:45. My normal shift was untill 3:30 and with the drive back to work I would have not made it. That evening I received a voice mail on my work phone telling me that I was to come in Monday morning and collect my check. And that I no longer fit the team profile. I am still out of work and unable to accept another position because the work comp doctor will not release me to full duty. There had been no previous write ups or warning about my performance prior to my dissmisal. Is there anything I can Do???


Asked on 12/02/05, 6:37 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Fired while injured

This is typical. The employer usually finds any excuse to get rid of an employee who was injured on the job. Your termination may amount to a wrongful termination, more specifically, a 132a claim. You may want to consider hiring an attorney.

My number is 818.943.0462. I will be available Monday afternoon.

David B. Lupoff, Esq.

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Answered on 12/03/05, 3:16 am


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