Legal Question in Workers Comp in California
can you be terminated while under a physicians care
Asked on 8/31/09, 9:38 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
You can if it is for reasons unrelated to your claimed on the job injury. An employer is not allowed to discrimiate, however, based upon an industrial injury. If the company is laying off employees as an economic measure because of decreased revenue, you could be fired [but the days you were off because of the WC injury should be treated as your actually being at work so you do not lose any seniority or benefits. Most employer and claims adjusters do not know this and fail to prevent discriminatory practices.
Answered on 8/31/09, 11:47 pm