Can I Sue my employer if I'm on workers comp in the trying to fire me
4 attorney answers
It is not unlawful to terminate you while on protected leave if the reason for the termination is completely unrelated to your taking of the leave. On the other hand, if you can prove you are being terminated because you exercised your right to take leave, then you might have a meritorious case for violation of the Fair Employment and Housing Act, wrongful termination and even a 132a claim in the workers compensation process. If that is the case it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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I agree with Mr. McCreary that LC 132a prohibits discrimination against you just because you got hurt on the job. So the real question is, "Why did the employer fire you?" "What would that employer have done to another employee who was off work for 8 months due to cancer or heart attack or stroke?" "Did the employer have a reasonable business reason for firing you?" In my office, I have one secretary. If she were out for 8 months, I'd have to replace her!
A employer is not allowed to discriminate against you (including firing) for filing/having a workers compensation claim. This is where we usually file Labor Code 132a Petitions, and potentially wrongful termination claims. Best to find a attorney in your area that does work comp and employment cases. Good luck!
You should consult with an employment attorney to review all the facts of your situation and determine a course of action. Most employment law attorneys offer free consultations, as I do.
Disclaimer: Please note that my response is meant for informational purposes only and does not constitute legal advice in any manner. My response does not form an attorney-client relationship with you and I am not your attorney. All legal claims have a statute of limitations, which may be extremely short, so to protect yourself you should contact an attorney immediately.