Legal Question in Workers Comp in California
Wrongful Termination
I was injured at work and broke my foot and incurred a severe infection that took me out of work for over a month. I was released back to work with full duties by the work comp doctor. I was a pest control technician with my own route (this was given away to other techs while I was out). When I returned they refused to give me my route backa nd put me in the office to do sales work, this is a lower paying position and I now have to use my own truck for work. I did this for one day, and they fired me the next. I was the top selling technician before my accident and has never had any costumer complaints. The higher ups were demanding that a tech be laid off due to the economy and the boss was to lay off the one with the poorest record. I have had the top record since I started a year ago ( I am also not the lowest on the totem pole as there have been 2-3 guys hired after me) Shouldn't I have given my old job back and I think I was fired illigally. Please advise on what I should do?
Thank you
5 Answers from Attorneys
Re: Wrongful Termination
You need to seek representation and file a 132a discrimination claim. It sounds to me like you have a patent case. Please note you have one year from the event to file, otherwise the claim will be barred by statute.
Re: Wrongful Termination
You need to open a worker's Compensation case against your employer. You will be entitled to temporary disability benefits, continued medical treatment, a settlement for your permanent disabilities and vocational rehabilitation. As far as your termination, in conjunction with your case, you may file a petition for penalty under labor code 132(a). Feel free to call us at 213.388.7070 for a free consultation.
Re: Wrongful Termination
I rarely do this (All in all, Mr. Moheban gives good advice), but I respectfully disagree with Mr. Moheban because if you are able to return to work without restrictions (You didn't say there were restrictions in your question), then opening a workers' comp claim would be questionable. However, you may have a wrongful termination claim with your employer. As such, I would be glad to discuss this with you further. Feel free to contact me at 1.877.505.INJURY.
Re: Wrongful Termination
I rarely do this (All in all, Mr. Moheban gives good advice), but I respectfully disagree with Mr. Moheban because if you are able to return to work without restrictions (You didn't say there were restrictions in your question), then opening a workers' comp claim would be questionable. However, you may have a wrongful termination claim with your employer. As such, I would be glad to discuss this with you further. Feel free to contact me at 1.877.505.INJURY.
Re: Wrongful Termination
I rarely do this (All in all, Mr. Moheban gives good advice), but I respectfully disagree with Mr. Moheban because if you are able to return to work without restrictions (You didn't say there were restrictions in your question), then opening a workers' comp claim would be questionable. However, you may have a wrongful termination claim with your employer. As such, I would be glad to discuss this with you further. Feel free to contact me at 1.877.505.INJURY.
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