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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34111
Experience:  Retired (mostly)
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Ok I clicked "Accept for my answers", Will you please answer

Customer Question

Ok I clicked "Accept for my answers", Will you please answer the last one?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
I'm back.

Your comment about the workers comp issue may be the best thing you have going for yourself. Labor Code 132a prohibits discrimination based on filing a workers compensation claim. That would give you grounds for a petition to the WCB, on the grounds that you are being terminated for no reason at all, therefore it must be due to the workers comp issue. The city can't claim that it's due to your misrepresenting yourself on the job application, because your facts show that you didn't misrepresent. So, you weren't dishonest, and that makes the Labor Code 132a claim much more viable.

There is also the possibility that the termination violates the 14th Amendment, on the basis that it was arbitrary. But, that's a much more difficult claim to make.

So, you may want to contact a workers compensation lawyer and discuss this in terms of that claim as the rationale for your forcing the city to rescind the termination.

For a competent referral, see this link.

Hope this helps.

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