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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I fell off a ladder a moment ago at work, My boss said that

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I fell off a ladder a moment ago at work, My boss said that its best I say nothing happened since I was reaching to far and they could lay me off. I don't think I am hurt and I need my job for lawyer bills that I have at the moment due to a personal problem.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your work accident.

Although employment in the state of California is generally "at will," (meaning employees can be terminated at any time), it is absolutely illegal to terminate an employee in retaliation for them filing a workers compensation claim.

If an employee files a workers compensation claim and believes their employer has discriminated against them or fired them for filing the claim, they can make what's known as a "132a claim" against their employer. The employee would need to document all incidents of discrimination/retaliation and must be as thorough as possible. Here is a link from the Labor Department regarding how to file a claim:

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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