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Do I have a wrongful termination case?

Chico, CA |

I'm a landscaper and a month ago I threw out my back while on a job site. I filed a workman's comp claim and 2 days later I was let go without a reason as to why. I have worked for the company for 2 years and only had 1 write up from a year ago for marijuana use.

What should I do?

Attorney Answers 4

  1. Best answer

    By terminating you without cause your employer has discriminated against you due to the fact you have filed a worker compensation case. Labor Code 132a provides for increased benefit to you based on this violation. In order for you to get this increase benefit a lawsuit will have to be filed against your employer with the Workers Compensation Appeals Board. You should seek the help of a workers compensation attorney to assist you with your case and you need to this immediately in order to get your rights protected. In consulting your consultation with an attorney you must inform him/her of the fact that you were terminated a few days after reporting your work injury. While it is fresh in your mind write down the name of your supervisor and the name of the person who fired you. That will be important for your attorney to know.

  2. you need to get an attorney ASAP and let him know about your termination so he can file a 132(a) wrongful termination. The facts you give are very limited but you do seem to have grounds for such.

  3. It is illegal to retaliate against an employee for filing a workers' compensation claim. Don't go through this without an attorney. To find a workers' compensation attorney, please look at the membership list of the California Applicant Attorneys Association (CAAA) CAAA is the strongest bar association in California for attorneys who represent injured workers.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

  4. Let me add a word of caution. My colleagues have said you may have a Labor Code 132a violation. LC 132a says an employer cannot discriminate against you (fire you, reduce salary, reduce hours, put you on night shift, etc) to punish you for getting hurt on the job, making a workers' comp. claim, hiring an attorney to represent you. You haven't indicated that your employer fired you for any of those reasons. There may be a perfectly valid reason for your termination that has absolutely nothing to do with workers' comp: he lost a big account, you failed to call in sick, he's downsizing, etc. If he has a legitimate business reason for your termination, then there is no L.C. 132a. Good luck.

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