Legal Question in Workers Comp in California

LAST OCTOBER...10 months ago, your employer terminated you? WHY? did they have a staffing requirement that this position be filled or they would go out of business?

What were the grounds for termination? Do you fail to report for work or report you were ordered off work by a doctor?

The employer is supposed to take back the worker when the treating physician releases the worker back to full duty with no restrictions. Failure to re-hire can be said to be a violation of Labor Code 132a, the 'wrongful termination' part of the Labor Code.

You'll need an attorney to prepare, file and serve a 132a Pettion. most attorneys refuse. it's nearly impossible to prove and the money is limited for a lot of hours.

Then when the petition is personally served by a process server on the Agent For Service for the company, their attorney will 'answer' stating they had a business necessity to fill you position, that the co-workers couldn't do your job any more or that the company would go out of business if your post wasn't filled and they didn't know if or when you were coming back.

You would have to prove that they fired you in retaliation for requesting comp benefits and then they could have re-hired you -- they had the position open -- but just unreasonably refused to re-hire you.

It's super tough to prove. Unless you have a friend in management willing to testify the company didn't have to fire you and had an opening for which you had all qualifications but refused to consider you, it's nearly impossible to win.