I’m afraid I might be fired because of my injury. Can my employer fire me?

First, please note it is illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. It’s also illegal for your employer to punish or fire co-workers who testify in your case. The California Labor Code (section 132a) prohibits this kind of discrimination.

Per Labor Code Section 132a, an injured worker can bring a claim before the Workers’ Compensation Appeals Board and recover up to $10,000. That injured worker can also obtain a judicial order of reinstatement from the courts.

In addition, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) say that an employer with 50 or more employees usually must let you take unpaid leave for up to 12 weeks, without losing your job, if you need time off for a serious medical condition.

If you do not fully recover from your injury, the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) make it illegal for your employer to discriminate against you because of a serious disability.

If you feel your job is threatened, find someone who can help you review all of your legal options. You must move quickly as there are deadlines for filing these various types of complaints or claims.

Call us to discuss your situation and potential remedies under the law.