Injury

I will presume that you have filed your workers' compensation claim and are receiving benefits. If not, you need to get started on that right away. As to the "resignation," discrimination against a worker because they got injured, sought benefits or retained an attorney is specifically prohibited by Labor Code 132a. It sounds like you may have a claim under this section of the code. The problem is proving that you resigned under duress as a result of the work injury. Do you have witnesses? Have other injured workers been forced to resign? Can you find those other workers? What did you give as the reason for the resignation on the paperwork? These claims are difficult to prove up. There is a time limit to file these claims. You must file your LC 132a claim within 1 year of the date of the discrimatory act. To do that, you will have to have already filed your claim with the WCAB. If you win your LC 132a claim, benefits include reinstatement with back wages and benefits and an increase in compensation by 1/2 (up to $10,000.00). You can find a copy of LC 132a at www.dir.ca.gov. Good luck.

In addition to the consulting a worker's compensation attorney about remedies available in the worker's compensation system, you may also want to consider the possibility of a disability discrimination case, depending on the particulars of your situation. The California Department of Fair Employment and Housing provides some general information about disability discrimination in employment at the following address: http://www.dfeh.ca.gov/DFEH/Publications/disabE.... The California Supreme Court recognizes the concept of "forced resignation" or "constructive termination" but these cases are difficult to prove. You should consult with an employment lawyer if you wish to pursue a possible disability discrimination case.

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