Legal Question in Workers Comp in California
workers comp case
I am currently on a leave from my job, due to a workers comp injury. Since my injury, my employer has falsley written meup, taken me out of my current position, and stated that he is going to be lowering my salary. Can he legally do this?? What can I do to fix this situation?
2 Answers from Attorneys
Re: workers comp case
An employer cannot falsely write you up, but many times they do it anyway to get rid of the injured employee. With regards to removing you from your current position, an employer may have the right to do so depending on whether your doctor placed you on temporary disability, modified duties or considered you a qualified injured worker. Without more facts, it is impossible to answer your question. A 132a is a discrimination cause of action which is a direct lawsuit against your employer not commonly covered by his workers� comp insurance company. If you would like a free consultation, please feel free to contact my office at 818.385.0520.
Re: workers comp case
A 132a petition may be in order. However, the issue of being removed from your position is probably legitimate since you may not be able to perform the job with your injury.
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