Legal Question in Workers Comp in California

Is it illegal to terminate an employee with an open workers comp case?


Asked on 8/22/11, 5:49 pm

2 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

That depends. It is illegal to terminate an employee just be cause s/he reported a workers' compensation claim. If an employee has reached maximum medical improvement, it may be illegal to terminate an employee because of any permanent work restrictions. Since you did not include any specific facts, I strongly encourage you to contact a workers' compensation attorney. You can find one in your area by going to the California Applicants Attorneys Association at www.caaa.org.

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Answered on 8/22/11, 6:03 pm
Anthony Telleria Telleria,Telleria,& Levy, LLP

Yes it is illegal! We would need additional facts about the workers compensation case. We are specialized workers compensation attorneys in southern CA/San Gabriel/Pasadena. Generally speaking" the employer cannot terminate your for having an open workers comp. claim.

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Answered on 8/22/11, 9:02 pm


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