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  1. #1

    Question Can You be Fired While Off of Work for a Job-Related Injury

    My question involves workers compensation law for the state of: California.
    I am being faced with 'intent to discharge' actions by my employer of 12 years. I was injured at work 1 month ago and had been adhering to light duty protocol as designated by my treating physician. 2 weeks ago I was given the 'Intent' paperwork citing that someone found illegal drug paraphernalia at the work place and after an "investigation" was conducted , my employer came to the conclusion that afore mentioned narcotics belonged to me and sent home on administrative leave. The drugs found are not my property. This does not change my shoulder injury which requires extensive muscle and ligament repair which is now emergent. Although i could fill my own forum with questions alone, time is of the essence and planning to feed my 2 children is of the utmost importance.
    SOOO, my first question is as follows ,
    'Can my employer discharge me while I'm out on workers' comp and administrative leave?'
    sorry for any inappropriate verbiage or posting style, I'm new to social media blogs or what have you,...

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    22,433

    Default Re: What Am I Entitled to and for How

    If you are asking whether or not there is a law which prohibits an employer from terminating the employment of an employee who is on a medical leave for a work related injury, no there is no such law. Even in California.

    Administrative leave has no legal significance.

    That said, it is illegal in every state to fire an employee because they filed a workers comp claims, and the relevant agencies are usually pretty good at seeing through a pretextual termination. Without some pretty significant evidence that the drugs and paraphernalia were yours and could not have been anyone else's, I would expect you to prevail in a wrongful termination claim. You might want to be a bit proactive about this and consult a workers comp attorney now.

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