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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12614
Experience:  Significant experience in all areas of employment law.
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After been on workers comp due to a work injury, after been

Customer Question

hi there/ after been on workers comp due to a work injury , after been release by the doctor and back to work , they just fired me without a time or warning ,only work 4 hours.
just want to know if this is legal, after so many talking i still don't know if I been fired or laid off.
thank you...
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What reason did they give for letting you go? Also, how long were you off work total?

I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
since 06/09/2015 until 10/13/2015
Customer: replied 1 year ago.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you. Can you please answer my other question? I need to know what reason they gave for letting you go.

Customer: replied 1 year ago.
short of money
Expert:  Patrick, Esq. replied 1 year ago.

Sorry but I need you to prove more detail than that. What do you mean by "short of money"? Are you saying that your register was found to be short? What explanation did you offer for what happened?

Customer: replied 1 year ago.
the reason said its because they are short of money and need to cut on laborers
Expert:  Patrick, Esq. replied 1 year ago.

Okay, thank you.

If you can prove that you were let go in retaliation for filing a workers compensation claim, then you would have grounds to sue your employer for wrongful termination. Likewise, if you could prove that you were terminated because of the perception that you were disabled you would have a legal claim. You would not have a legal claim, however, if your employer was legitimately having financial problems and you were going to be let go despite your injury and medical issues. So, the question comes down to what your employer's true motivation was.

However, given that your employer terminated you so shortly after your return to work, a case can very likely made that your termination was against the law. Therefore, it would be in your best interest to immediately retain a local attorney. With an attorney, you can sue for disability discrimination and/or violation of Labor Code 132a, which is the CA statute which prohibits employers from retaliating against employees for filing workers comp claims. See here to locate an attorney in your area who can assist you with your claim.

You should be able to find an attorney willing to assist you on a contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim).

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 1 year ago.

Was I able to answer your question here? Please let me know if you require any further assistance....