fired while on workers comp.

while on workers comp my job fired me
saying they eliminated my position, i have worked there for 15 years and my position cannot be eliminated, impossible, someone else is doing my job right now, is this legal?

2 answers  |  asked Dec 29, 2004 09:28 AM [EST]  |  applies to California

Answers (2)

Janet M. Koehn
lc 132a and feha

you should be asking your workers compensation attorney about this. any adverse employment action taken on account of the filing of a workers compensation claim, including termination, is illegal under the workers compensation act. the remedy is enhanced benefits and penalties in the workers compensation appeal board. if you do not have a workers compensation attorney, get one! you should look for a certified workers compensation specialist in your area.
if you were terminated on account of the disability that resulted from your industrial injury, or if you were not allowed to return to work with restrictions, you also may have a claim under the fair employment and housing act for disability discrimination. you should consult an experienced employment lawyer. you can find one in your area at the california employment lawyers assn's website, www.celaweb. org.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Dec 29, 2004 1:25 PM [EST]
George Allen
Sounds Suspicious

It is not illegal for your employer to terminate you for otherwise legitimate reasons while you are on WC leave. Stated another way, the fact that you are out on the leave does not protect you from termination for legitimate reasons, such as a true elimination of your position. It is illegal for your employer to terminate you because you took WC leave. If it is correct that your position was not truly eliminated, this sounds suspiciouly like a wrongful termination in violation of Labor Code 132(a).

posted by George Allen  |  Dec 29, 2004 11:48 AM [EST]

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