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Terminated After Going Out on Workers Comp

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  • 02-10-2012, 07:29 PM
    teri6677@yahoo.com
    Terminated After Going Out on Workers Comp
    My question involves labor and employment law for the state of: california
    I was injured at work 9/1/2010 i have an attorney for my workers comp case. I was terminated 1/13/2012 can my employer terminate my employment when I was injured at thier company. dont they have to wait for me to get better? now i have to find another job once I get better, this is all added stress to my already stressful situation.:wallbang:
  • 02-10-2012, 07:53 PM
    Mr. Knowitall
    Re: Terminated After Going Out on Workers Comp
    Worker's comp offers no guarantee that a job will be held open for you. It sounds like your employer honored your FMLA leave (and a lot more), then made the decision not to keep holding your job open.
  • 02-10-2012, 08:21 PM
    cbg
    Re: Terminated After Going Out on Workers Comp
    In fact, since they held your job open for considerably more than a year, they held your job open more than four times longer than the law required them to. Not even in CA does the law require that they hold the job for you indefinitely.
  • 02-10-2012, 08:46 PM
    davidmcbeth3
    Re: Terminated After Going Out on Workers Comp
    Are you on disability then?
  • 02-10-2012, 11:43 PM
    Betty3
    Re: Terminated After Going Out on Workers Comp
    Quote:

    Quoting teri6677@yahoo.com
    View Post
    dont they have to wait for me to get better?

    Nope; once any job protected leave you had expired, they are free to terminate you.
  • 02-11-2012, 04:22 AM
    Disagreeable
    Re: Terminated After Going Out on Workers Comp
    They cannot terminate you for being on comp. They can terminate you for any other reason, including the dangerous action that resulted in you becoming injured.
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