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In California, employers have the right to fire a person "at will," which means the person can be terminated for any reason or for no reason at all. However, there are exceptions to this, especially if the reason for termination goes against any other law or public policy.
If a person is injured at work and tries to report it or file a workers' compensation claim, he or she should not be terminated due to this injury. Doing so would be considered wrongful termination for a work injury.
Wrongful termination for a work injury might occur if an employer attempts to retaliate or discriminate against the injured worker by firing them. Whether the employer has workers' compensation insurance or not, the injured employee has the right to report the work injury without having their job be put at risk. If the company does have workers' compensation insurance, the injured employee has the right to file a claim without being discriminated against or terminated.
If an employer does wrongfully terminate someone because of a work injury, it is a direct violation on the part of the employer. The terminated employee can file a complaint and possibly sue the employer for their wrongful termination for a work injury.
If you have suffered a wrongful termination due to a work injury, contact a labor law attorney immediately. An experienced employment attorney can help evaluate your situation to first ensure that you have the right to take action against your employer, and then to determine the best course of action to take to help recover your damages from being wrongfully fired. An attorney will help you make your case and file a complaint with the California Workers' Compensation Appeals Board. Depending upon the circumstances and factors of your specific job, you may be able to sue the company that wrongfully terminated you. An employee that suffered a work injury does not deserve to then suffer a wrongful termination on top of it. Let an attorney help you recover your damages and fight for your rights.
If you feel you have been fired or laid off for wrongful termination reasons such as a work injury, call Attorney Search Network today. Speak to a representative at Attorney Search Network for a labor law lawyer referral.
If you have any questions about the employment law information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Employment Law lawyer referral.