Legal Question in Workers Comp in California

No. It would be wrongful termination if the reason you were terminated was due to a work-related injury. However, there are a few exceptions. For example your employer must show that the decision for your termination was made before your injury and there are other employees who were terminated at the same time. Feel free to call us at 213.388.7070 for a free consultation.

Yes...if you have PERMANENT Work Restrictions in a doctor's report, and the employer does not have a job that is safe for you with these new restrictions, then the employer is permitted to say it cannot employ you now.

IF you have no permanent work restrictions, then there is a possible violation of Labor Code 132a, the anti-discrimination statute for injured workers... when a worker can prove THE ONLY reason he was demoted or let go was as retaliation for requesting workers comp benefits, its a misdemeanor crime under LC132a.

Sadly, there is a 'Business Necessity' defense...if the employer's business needs required it lay you off to stay in business, it's almost impossible to prevail on the 132a Petitions.

IF YOUR OLD JOB duties could have easily been adjusted to permit you to work with your new permanent restrictions, you could have an Americans With Disabilities Act claim or a DFEH (state) of EEOC (fed) claim... you need to show you could perform the 'essential job functions' of the position to prevail on most of those.

DO YOU HAVE a physician's report that says you CAN PERFORM all pre-injury job functions? you might want to get a workers comp trial ASAP to have a comp judge make a finding that you ARE able to perform all pre=injury duties, that sometimes persuades the employer to take you back with back wages.