Legal Question in Workers Comp in California
Can I terminate an employee for missing too much work if he is my only employee?
He poses a financial hardship to my business when he's not here. He just recently filed a work comp claim. I was planning on terminating him before he let me know about the claim. Now, I am leary of terminating him.
1 Answer from Attorneys
Yes, you can terminate an employee for missing too much work.
California is an employment-at-will state. That means that any employer can take an adverse action, including termination, against an employee at any time for any reason that is not against the law or discriminatory. If you decide to terminate someone because they are missing too much work, that is a valid reason for termination.
An employee cannot be terminated because the employee filed a workers' compensation claim, but the employee is not "protected" by filing a claim. If you would have filed him anyway, you are not violating California law by terminating the employee.
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