Legal Question in Workers Comp in California
Job security at new job re w.C.
Six mos. I work for this firm, partner decided to merge with a bigger law office and took me with him. I hurt my back packing boxes, I went to work for the new firm, 2 days later I was in pain I could no longer work. I am under dr's care. New office says they will hold my job for me till I recover. 23 days later, they hired someone for my position. I s/w them recently and told them I am ready to return to work, they say that they will look to see if there is another place where they can place me but will call me back. Is there a law that they have to hold a position for me. I have been reassured twice that they would hold a position for me. Please advise.
1 Answer from Attorneys
Re: Job security at new job re w.C.
You could make the argument that the employer terminated your employment because you filed a workers' compensation claim. There are several technical defenses, for example a possible post termination filing. Even so, within the Workers Compensation system there is no labor code that requires an employer to rehire an employee. Employers can be fined a 50% increase in benefits. Given the new rating schedule, this not much of a fine.
Perhaps you should speak with a Labor Law attorney. I think you will have a better remedy in civil court with respect to the breach of employment contract.
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