Legal Question in Workers Comp in California
Terminating Employees while on Workers Compensation Injury
Can an employee who works for a public agency (city of calif), be terminated while on a Workers Comp. Injury, after all accum. leave time (sick, vac, comp.) has expired prior to the injured employee becoming permanant and stationary by the medical provider?
1 Answer from Attorneys
Re: Terminating Employees while on Workers Compensation Injury
An employer may terminate an employee who has a pending worker's compensation claim if the position needed to be filed because of business realities. However, an employer may not terminate an employee in retaliation for the employee filing a worker's compensation claim or treat him in a disparate manner because of the filing. If you feel that you were discriminated against because you made a worker's compensation claim, then yo may instigate a Labor Code 132 (a) action and increase your benefits by 150%. Call me directly at (619) 222-3504.
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