Wrongful Termination Post Work Injury

Can You Relate?

Wrongful Termination Post Work Injury: Did your boss fire you from a job after an injury from that same work environment? California law protects employees from wrongful termination. This is especially after receiving a workplace injury and or filing a workers’ compensation claim. Sometimes the employer would retaliate against the injured party by making it difficult to recover from the injuries.

If you believe this something you can relate to, we are here to help! Here at KAASS LAW, we commit to helping wronged employees guide them through complex legal matters. Wrongful termination, workers’ compensation retaliation, and personal injury are some normal categories. Here are some key points on your individual rights as an employee for employment under the State of California Law.

CA State Codes:

1. Workers’ Compensation Protections: California Labor Code § 132a states, “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.” No employer can legally discriminate or retaliate against an employee for filing a workers’ compensation claim. Forms of retaliation can be termination (getting fired), demotion, harassment, or any adverse employment action. If any of these would happen, they may be liable for damages.
2. Wrongful Termination: California law gives the employer the right to terminate any of their employees without cause. However, exceptions exist when that termination is a violation of public policy or statutory protections. If an employer were to terminate an employee after they filed a workers’ compensation claim or reported a workplace injury, that would fall under wrongful termination and is a violation of both CA law and public policy.
3. Fair Employment & Housing Act (FEHA): The California Fair Employment and Housing Act “provides protection from harassment or discrimination in employment because of age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation.” The employer must provide reasonable accommodations for treating you in order to be an effective employee instead of wrongfully discriminating and or terminating you.
4. Occupation Safety and Health Act Protections: California Labor Code § 6310 does not allow employers to retaliate against employees for reporting unsafe working conditions or workplace injuries. This law is another form of protection from wrongful termination.

What Should I Do?

In order to successfully make your claim for the mistreatment of your current or former employer, sufficient evidence must be provided to build your case. You would need to show that your termination was linked to your injury or workers’ compensation claim. For starters, you would need to request records of your workplace injury and medical treatments from whomever or wherever you saw for treatment. It is also important that if you are seeking treatment, you must successfully finish it to the best of your ability. Secondly, you have to get copies of your workers’ compensation claim and correspondence with your employer. Any work-related documents that are relevant to your injury and or wrongful termination are crucial. Thirdly, if applicable, try to get a witness statement about any form of retaliation or discriminatory behavior towards you.

Lastly, try to get an employment record of your work history prior to the injury and then wrongful termination. This is an attempt to see your work ethic and potentially show your strong performance. If you were a hard worker or just an employee who got everything done without any issues at work, it wouldn’t make sense for your termination unless it was an act of retaliation and or discrimination towards you. These are the tools and methods for gathering and building our case. Your wrongful termination may be true, but you would need sufficient evidence to move forward with your claim. 

Contact Us

KASS LAW handles multiple claims such as workers’ compensation, wrongful termination, personal injury, and so on. It requires a deep understanding of California Law, which we’re invested in and understand completely. Our firm of experienced attorneys will thoroughly evaluate, assess, gather evidence, and aggressively advocate for your rights. We’re here to ensure you receive the compensation and justice you deserve! Take action now. CA laws are made to protect you, but there are deadlines if you need to file your claim. Don’t allow your employer to get away with unfair treatment against you or anyone else, for that matter. Unchecked injustices lead to more harm to the community around you. Your workplace injury should not be a detriment to your livelihood. Let our firm hold your employer accountable and help you move forward to financial recovery and provide some peace of mind.