First thing’s first,
What is Wrongful Termination?
Wrongful termination occurs when an employer terminates or discriminates against the
service of an employee while breaching one or more rules of the contract of
employment.
However, in the state of California, employers can hire employees by “employment-atwill” meaning that employers can fire employees at any point and time under any
circumstance if there is no employment contract or expeditions recognized by the
state.
Labor Code section 123a
In the state of California, there is a code that prohibits employers from terminating an
employment contract due to an injured worker filing a workers’ compensation claim as
retaliation.
123a claim is legally called a petition that can only be filed if the employee has already
filed for workers’ compensation, and must be filed within one year of the date the
employee was terminated and/or discriminated against.
Along with termination, discrimination under the labor code includes a reduction in
salary due to injury, forcing the use of vacation days for medical appointments, refusal
to address the employee as eligible on a rehire list.
The employee will be charged guilty of a misdemeanor if a violation of Labor Code
section 123a is found. While there are different categories of misdemeanors, employers
will likely not want to be found guilty of a standard or gross misdemeanor, the former
punishable by up to six months of jail and a fine of up to $1,000.
Moreover, if an employer does violate this labor code, the employee may file a claim for
increased compensation, job reinstatement, and wrongful termination.
Ultimately, this labor code protects injured workers and ensures job security during
their recovery process.
Workers’ Compensation
As talked about throughout this article, Labor Code section 123a protecting workers
from wrongful termination after filing worker’s compensation. But, what is workers’
compensation?
Workers’ compensation is a claim filed by an employee after being involved in a work-related injury to receive insurance compensation for wages lost and medical benefits in
exchange for not suing the employer or the company.
There are many different types of workplace injuries that can result in workers’ comp,
such as slips and falls, collisions, being hit by falling objects. These situations, and
many more, can be used to file a claim if the appropriate steps are to be taken.
The most important steps to take after the incident are to seek medical help to prove
the injury and subsequently file a claim as soon as possible. Without medical proof of
your injury, it becomes increasingly hard to support your workers’ comp claim.
While it is entirely possible for an employee to file a workers’ compensation claim for
themselves, it is better to hire the aid of an attorney. Employers are not always willing
to use the company’s insurance to cover your injuries, and a workers’ comp lawyer can
ensure your rights are being protected through the complex legality of workers’ comp
law.
If you or someone you know is in need of an attorney to help file a
worker’s compensation claim, call The Ledger Law Firm at (888)
997-6479 to talk to an attorney or visit ledgerlaw.com to apply for a
free case evaluation.
