California employment law prohibits employers from firing an employee for reporting a work injury. If an employer retaliates—or even threatens to retaliate—against an employee for filing a workers compensation claim, the employee can file another claim for additional compensation. In situations like these, you will most certainly want to speak to an employment attorney.
Some people seem to believe that a person can only file a retaliation claim if an employer wrongfully terminated an employee or forced him or her to resign, but there are other forms of retaliation for which you may have legal recourse, such as:
- Adding warnings or suspensions to employee file
- Denial of advancement opportunities
- Failure to provide meal or rest breaks
- Relocated to undesirable location
- Unfair severance packages
When you have been hurt at work, you are obviously going to be concerned about how your injury will affect you health first and foremost. You do not need the additional stress of having to worry about what how your employer might penalize you for being unfortunate.
Suffering an injury may make a job more difficult to perform, and there is no reason that your employer should be making your position any more challenging just to “get even.” While retaliation claims are not limited strictly to wrongful terminations (retaliation can also apply to whistle blowing, protesting non-payment of wages, reporting harassment or discrimination, etc.), such actions are definitely common causes for seeking legal representation. Tomorrow, we will discuss what happens when employees are fired after filing a workers compensation claim.
Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment lawyers