Anticouni & Ricotta - Employment Law

Were you fired after reporting an injury at work?

On Behalf of | Jun 21, 2022 | Workplace Discrimination |

You had a workplace accident and filed a report per company policy. When you return to work after being off for a few days, you notice a change in your supervisor’s attitude. You find they are watching you closely and disciplining you for minor issues. A short time later, your boss terminates your employment because of “poor work quality.”

Is that the real reason they let you go, or is it something else?

Do you have a case for wrongful termination?

Wrongful termination is firing an employee for an illegal reason. In California, it is unlawful to discriminate against or fire an employee who is injured on the job. To prove wrongful termination due to your injury, you must show that your employer had a retaliatory motive for firing you. 

However, simply showing that you were fired is not enough. You will also need to show that you received different treatment than other employees. For example, disciplinary action without just cause or that you were fired shortly after filing a worker’s comp claim. 

If you think you are a victim of wrongful termination after reporting an accident, there are some steps you should take. First, file a complaint with the Occupational Safety and Health Administration (OSHA) so your accident is on file and your employer is held accountable.

Furthermore, you may file a claim for damages and recover your lost wages and benefits. In some cases, you may also be able to negotiate a severance package or reinstatement at your job. Experienced legal guidance can help you get both the justice and the compensation you deserve.