Can You Fire An Employee After They File A Worker's Comp Claim?

NOT IF IT'S IN RETALIATION. Workers are generally protected by California Labor Code Section 132a from being discriminated against after they file a worker’s compensation claim.  In fact, other adverse actions that may be considered violations under 132a include:

  • Wrongfully terminating an employee

  • Reducing an employee's hours

  • Reducing an employee's pay

  • Changing an employee's work duties

  • Denying an employee benefits

  • Encouraging other employees to punish the employee

  • Failing to promote a deserving employee due to their injury

If you take adverse action or even threaten to take action against an injured employee, you may subject yourself to fines up to $10K, and even a misdemeanor criminal charge.  The employee may file a separate civil claim against you if they are wrongfully terminated which may leave you liable for additional damages. 

Can I Ever Fire An Injured Employee?

California is an “at-will” state, so you may terminate employees at any time and for any reason, so long as the termination is not for “bad cause”. As an employer, you have every right not to hire an employee back following their time away due to a work injury if there is a legitimate reason for their termination. For instance, if the employee is documented to have poor job performance, or if the employee is documented to have created a hostile work environment. The key here is for you to document these bad acts before terminating the employee. 

If you have questions about whether your termination of an injured employee violates Section 132a, then contact us ASAP.

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