Work Injury Leave Retaliation

It literally adds insult to injury to be fired after getting hurt on the job. To some employers, a seriously injured worker represents a "cost center" or "damaged goods." They will go to elaborate lengths to engineer that employee's exit.

It is illegal for an employer to retaliate against an employee for filing a workers' comp claim or to terminate that worker for taking disability leave. If it happened anyway, California Employment Counsel, APC, is here to fight for your rightful compensation. We handle injury-related employment discrimination in Orange County and Southern California.

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Termination Or Reprisal For Work-Related Disability

Workers who are injured on the job are protected by state and federal laws, including California workers' compensation, the California Family Rights Act (CFRA), the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

Workers' comp and CFRA provide job-protected leave from work. An employer must reinstate you to your job or an equivalent position when you return from disability leave. The laws protect you whether you are off work for a few weeks or indefinitely. During a work injury leave, you are entitled to wage benefits and medical care (workers' comp), you retain your health insurance and benefits, and you continue to accrue paid time off.

Despite all these protections, employers will sometimes take adverse action against injured employees. You may have grounds for a lawsuit if an employer:

  • Terminated you after a workplace accident
  • Denied your CFRA medical leave
  • Threatened or harassed you
  • Demoted you or docked your pay
  • Refused to accommodate a work-related disability
  • Turned you away when you tried to return to work

Employers sometimes fabricate reasons to discipline an injured employee as a pretext for eventually firing the person. Our experienced attorneys will not let them get away with this.

Standing Up For Injured Workers

Were your hard work and loyalty rewarded with harassment or a pink slip? California Employment Counsel, APC, can explore your legal remedies for wrongful termination or work injury leave retaliation.

For a free consultation with our Orange County employment lawyers, contact us online or call 714-462-3641 or toll free at 866-545-2415.

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