Can my employer fire me if I file a Workers' Compensation case?
It is illegal for your employer to fire you for filing a work injury claim. But there are many factors that come into consideration as to if an employer can terminate employment. Consult with an experienced Workers' Compensation Attorney.
I'm afraid I might be fired because of my injury. Can my employer fire me?It*s illegal for your employer to punish or fire you for having a job injury, or for filing a workers*
compensation claim when you believe your injury was caused by your job. It*s also illegal for your employer to punish or fire co-workers who testify in your case. The California Labor Code (section 132a) prohibits this kind of discrimination.
In addition to workers' compensation rights and benefits, you may be eligible for other rights...Also, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) say
that an employer with 50 or more employees usually must let you take unpaid leave for up to 12 weeks, without losing your job, if you need time off for a serious medical condition.
If you do not fully recover from your injury, the federal Americans with Disabilities Act (ADA) and the
California Fair Employment and Housing Act (FEHA) make it illegal for your employer to discriminate
against you because of a serious disability.