I Got Hurt at Work and They Fired Me – California Guide
If you were hurt at work and then fired as a result, California law protects your rights. You may be eligible for compensation and could have a case for wrongful termination.
It’s important to seek legal advice to explore your options and ensure you receive the benefits you’re entitled to. Firing an employee due to a workplace injury can be illegal, and you might have grounds for legal action.
Additional reading: can you be terminated while on disability in California
Acting quickly and speaking with one of our California wrongful termination lawyers can help secure your rights and compensation.
Can a job fire you for being injured?
Under California law, employers cannot fire you solely for being injured at work. While California is an “at-will” employment state—meaning employers can terminate employees for almost any reason—it’s illegal to fire someone in retaliation for a workplace injury.
Legal termination may occur if the reason is unrelated to the injury, like poor performance or downsizing. However, firing someone because they are unable to return to work without reasonable accommodations can be considered illegal.
You may have grounds for a wrongful termination claim if you suspect retaliation.
Steps to take if you are fired after a workplace injury
If you’ve been fired after sustaining a workplace injury, it can feel like you have no options, but there are important steps you can take to protect your rights. Our experienced attorneys can help guide you through the process.
- Consult a Feher Law attorney: Contact our qualified attorneys at Feher Law to evaluate whether your termination was illegal and help you pursue compensation for your injury and wrongful termination. Our experienced team can also guide you through the complicated compensation process.
- File a claim: Even if you’ve been fired, we can help you file a claim as soon as possible, as delays can impact your eligibility for benefits.
- Gather documentation: Keep records of your injury, any medical treatments, and communications with your employer about your injury or termination. This evidence will be vital in building your case if your termination was unlawful.
- File a wrongful termination claim: If your firing was retaliatory, you may be able to file a wrongful termination lawsuit. If you win, you may receive additional compensation for lost wages and damages related to the illegal firing.
- Seek legal advice for accommodations: If you were terminated due to the need for reasonable accommodations in the workplace, consult with one of our attorneys to explore your options under disability law. You may be able to pursue a claim under the Americans with Disabilities Act (ADA) if your rights were violated.
Additional reading: how to prove retaliation in the workplace in California
What are your rights under California law?
California law offers strong protections for employees who are injured at work. These include:
- Anti-Retaliation Laws: It is illegal for employers to fire or retaliate against employees for filing a claim or reporting unsafe working conditions.
- California Fair Employment and Housing Act (FEHA): FEHA requires employers to provide reasonable accommodations for employees who are injured or disabled, ensuring they can return to work unless it causes undue hardship to the business.
- Family and Medical Leave Act (FMLA): Under FMLA, eligible employees can take up to 12 weeks of unpaid leave to recover from a serious injury without fear of losing their job.
- California Family Rights Act (CFRA): Similar to FMLA, CFRA also provides up to 12 weeks of unpaid leave for serious health conditions, but it includes more employees and protections under California law.
- Americans with Disabilities Act (ADA): The ADA protects workers with disabilities, requiring employers to provide reasonable accommodations and prohibiting discrimination based on a worker’s physical or mental condition.
How to prove retaliation after being fired for getting hurt at work
Retaliation occurs when an employer takes adverse action—including termination—for exercising a legal right. To prove retaliation, we will look to establish the following:
- Protected activity: Show that you engaged in a legally protected activity, such as reporting a workplace injury or filing a complaint for discrimination.
- Adverse action: Demonstrate that your employer took a negative action against you after you exercised your legal rights, like firing or demoting you.
- Causal link: Prove that the adverse action was directly linked to your protected activity. Timing is important here—if you’re fired shortly after filing a claim, it may suggest retaliation.
- Pretext for termination: Establish that the reason your employer gave for firing you is false or misleading to hide that the real motive was retaliation.
Can you sue for wrongful termination due to work injury?
Yes, employees in California can sue for wrongful termination if they were fired after being hurt at work. If you believe your employer fired you in retaliation for reporting a workplace injury or filing a complaint for discrimination due to your injury, you may have grounds for a lawsuit.
The process involves gathering evidence of the wrongful termination, including documentation of the injury, proof that you filed a complaint, and any correspondence from your employer. You’ll need to prove that your termination was not for a legitimate reason, but was instead directly linked to your injury.
Consulting with our experienced workplace compensation lawyers at Feher Law can help ensure your rights are protected throughout the process.
Statute of limitations for filing a claim in California
Under the FEHA in California, the statute of limitations for submitting a claim to the California Department of Fair Employment and Housing (DFEH) is three years from the date of termination. After you have submitted the claim, you then have just one year to launch a claim in court once the DFEH sends a “right-to-sue” notice.
You must initiate your legal action within this timeframe to ensure your case is heard. Failing to file within the specified time can result in losing your right to pursue a claim.
What compensation can you recover?
If you have been wrongfully terminated or retaliated against after a workplace injury, you may be entitled to various forms of compensation to help you recover your losses. Here are the key types of compensation available:
- Back Pay: If you were wrongfully terminated, you may be eligible for back pay, which compensates you for lost earnings from the date of your termination until the date of resolution. Back pay includes any bonuses, overtime, or other forms of compensation you would have earned otherwise.
- Lost Wages: In addition to back pay, you may recover future lost wages if your ability to earn a living has been permanently affected due to your injury or wrongful termination.
- Emotional Distress Damages: Employees may also claim damages for emotional distress caused by the wrongful termination, such as anxiety, depression, or other psychological impacts resulting from the situation.
- Punitive Damages: In cases where the employer’s actions were particularly egregious or malicious, punitive damages may be awarded to punish the employer and deter similar conduct in the future.
When to hire an employment lawyer
Knowing when to hire an employment attorney can make a significant difference in the outcome of your case. Here are some specific situations where consulting with one of our Feher Law employment lawyers is essential:
- If You Suspect Retaliation or Wrongful Termination: If you believe your employer fired you in retaliation or for taking time off due to a workplace injury, our attorney can help you tackle the legalities and build a strong case.
- If Your Employer Is Attempting to Discredit Your Injury: If your employer argues that your injury occurred outside of work or downplays its severity, one of our attorneys can help gather evidence and expert testimony to support your claim and refute any false narratives.
- If You Are Offered a Severance Package or Settlement: If you receive a severance offer or settlement proposal, consulting with our employment lawyer is essential to evaluate the settlement terms. Our team can advise you on whether the offer is fair and if it adequately compensates you for your losses.
Injured at work? We can help with a compensation claim
At Feher Law, we specialize in wrongful termination cases and are committed to protecting your rights throughout the process.
Our experienced team tackles complicated California labor laws to help injured employees achieve justice and fair compensation. We handle everything from filing claims and gathering evidence to negotiating settlements or representing you in court.
Founded by Tom and Erica Feher, our law firm embodies a client-centered approach. We extend our advocacy across California for those harmed by negligence.
Our Huntington Beach wrongful termination lawyers believe that everyone deserves justice delivered with compassion and professionalism. We allow you to focus on your recovery while we work tirelessly to secure the compensation you deserve.
Speak to an employment attorney today!
If you believe you’ve been wrongfully terminated or retaliated against after a workplace injury, it’s essential to seek expert legal assistance as soon as possible. Our experienced attorneys at Feher Law are ready to evaluate your situation and provide the guidance you need to overcome this challenging time.
Don’t hesitate to contact us today at (866) 646-6676 for a free consultation and take the first step toward securing the justice and compensation you deserve. Your rights matter, and we’re dedicated to helping you protect them!
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