Can I be layed off this way....
I filed for worker Comp 12/17/2011 .. 6 days in employer showed his disapproval thru actions, about 25 days in when paying insurance premium was asked if i was doing this on own insurance or am I going on WC when said WC raised insurance rate to double what I was paying, was owed $50 bonus in which he said would pay prior to filing date and wont pay now, was found P&I went to ask to be able to return was told quoting his words “You filed a workers comp claim and I don’t have a job for someone that is deceitful and filed a workers comp claim”. You continued on by telling me that I am, and again I am quoting you, “a deceitful person trying to get something they don’t deserve by filing a workers comp claim”. I felt very hurt but continued..now 45 days later I was layed off he is saying doesn't have a job for someone with these modifications doctor imposed ..My job can be done with these but he doesn't even want to here it ..because of filing for worker comp...there is some more to follow if needed...I'm wondering is this legal in CA. ...Thanks
2 answers | asked Aug 1, 2011 10:09 AM [EST] | applies to California
Answers (2)
This sounds like a disability discrimination and retaliation claim, unless the employer really true that there is nothing "reasonable" that the employer could have done to accommodate you, which is not easy for the employer to prove, especially if it's a large company.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Laywer
http://www.arkadylaw.com
posted by Arkady Itkin | Aug 3, 2011 11:03 AM [EST]
posted by Elisa Ungerman | Aug 1, 2011 11:26 AM [EST]
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