When you file a workers’ compensation claim in California, you have certain rights. Among them is freedom from retaliation. If your employer fired you for filing a claim, call an experienced workers’ comp lawyer right away. You may have a separate employment law claim against your employer. At the Law Offices of Hussain & Gutierrez, we have more than 40 years of experience handling workers’ compensation cases, and we will fight for your benefits and your job. Call us at 888-997-3701 for a free initial consultation. Based in Van Nuys, we help injured workers throughout the Los Angeles area.
The term retaliation in employment law means that an employer has taken a negative action against an employee for asserting a legal claim or right under the law. Retaliation is illegal. Even if your employer did not fire you, but took some other negative action, like cutting your hours or pay, harassing you at work, or changing your job duties in a negative way, those actions still qualify as retaliation.
PROVING RETALIATION CAN BE DIFFICULT
To prove a retaliation claim, you must show that your employer fired you because you filed a workers’ comp claim. Most employees in California are “at-will,” meaning the employer can fire them for any legal reason or no reason at all. Retaliation for a workers’ comp claim is not a legal reason. The timing of your firing (or other negative action) may be suspicious. Employers will often try to argue that they fired the employee for performance issues, because they were downsizing or as the employee could no longer perform their job because of their injury. You will need an experienced attorney to challenge their claims.
CONTACT AN EXPERIENCED WORKERS’ COMP LAWYER TODAY
If your employer fired you for filing a workers’ comp claim, you need an experienced attorney to fight for your rights. For a free consult, call our office or send us an email.