Can I be layed off this way....

I filed for worker Comp 12/17/2011 .. 6 days in employer showed his disapproval thru actions, about 25 days in when paying insurance premium was asked if i was doing this on own insurance or am I going on WC when said WC raised insurance rate to double what I was paying, was owed $50 bonus in which he said would pay prior to filing date and wont pay now, was found P&I went to ask to be able to return was told quoting his words “You filed a workers comp claim and I don’t have a job for someone that is deceitful and filed a workers comp claim”. You continued on by telling me that I am, and again I am quoting you, “a deceitful person trying to get something they don’t deserve by filing a workers comp claim”. I felt very hurt but continued..now 45 days later I was layed off he is saying doesn't have a job for someone with these modifications doctor imposed ..My job can be done with these but he doesn't even want to here it ..because of filing for worker comp...there is some more to follow if needed...I'm wondering is this legal in CA. ...Thanks

2 answers  |  asked Aug 1, 2011 10:09 AM [EST]  |  applies to California

Answers (2)

Arkady Itkin
Hello,

This sounds like a disability discrimination and retaliation claim, unless the employer really true that there is nothing "reasonable" that the employer could have done to accommodate you, which is not easy for the employer to prove, especially if it's a large company.

Thanks, and feel free to follow up.

Arkady Itkin
San Francisco & Sacramento Employment Laywer
http://www.arkadylaw.com

posted by Arkady Itkin  |  Aug 3, 2011 11:03 AM [EST]
Elisa Ungerman
You may have a potential claim for retaliation because you filed a workers comp claim. This is known as a "132a" claim - discuss this with your workers comp attorney if you have one. If not, can be brought as a civil claim. Also - you may have a claim for disability discrimination. Check with a competent labor and employment attorney as your claim will depend on the particular facts of the situation. Plus, to pursue any possible disability claim, you will need to file a complaint with the CA DFEH - check out www.dfeh.ca.gov for more details.

posted by Elisa Ungerman  |  Aug 1, 2011 11:26 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA

more Virginia Employment Lawyers