Can I Be Fired After Returning from a Workplace Injury? Understanding Your Rights as an Employee in California

Workplace injuries can have a significant impact on an employee’s health, livelihood, and job security. If you were injured on the job and took time off to recover, you may be wondering whether your employer can legally fire you after your return. California has strong labor protections in place to ensure that employees are not unfairly terminated due to a workplace injury. However, many employers attempt to circumvent these laws, sometimes firing or retaliating against employees under false pretenses.

If you are returning to work after a job-related injury and fear termination, it is critical to understand your rights, the legal protections available, and what steps to take if you believe you are being wrongfully terminated.

California Laws Protecting Injured Workers

California law prohibits employers from firing employees simply because they were injured on the job. Several key laws protect workers in this situation:

• California Labor Code §132a: This law explicitly prohibits employers from discriminating against or terminating an employee for filing a workers’ compensation claim or sustaining a workplace injury. Employers who violate this law can face significant penalties, including liability for lost wages, job reinstatement, and additional compensation for wrongful termination.
• Workers’ Compensation Laws: If you suffered an injury at work and filed for workers’ compensation benefits, your employer cannot legally retaliate against you for exercising this right. Workers’ compensation is a no-fault system designed to protect employees, and firing someone simply because they used these benefits is against the law.
• Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA): If your injury required extended medical leave, you may have been covered under the FMLA or CFRA, which provide job-protected leave for eligible employees. If you were terminated while on approved medical leave or immediately after returning, your employer may have violated these laws.
• Americans with Disabilities Act (ADA) & California Fair Employment and Housing Act (FEHA): If your injury resulted in a disability, you are entitled to reasonable accommodations under the ADA and FEHA. Employers are required to engage in a good-faith interactive process to determine whether they can make accommodations for your return. Terminating you instead of making reasonable adjustments may constitute unlawful discrimination.

Legitimate vs. Illegal Reasons for Termination After a Workplace Injury

While employers cannot fire you simply for being injured or filing a workers’ compensation claim, they can terminate employees for legitimate business reasons. The challenge is determining whether your termination was lawful or a pretext for discrimination.

Legitimate Reasons for Termination:

• The company is undergoing layoffs that are unrelated to your injury.
• You were not meeting job performance expectations that are applied equally to all employees.
• The employer has eliminated your position due to restructuring.
• Your injury prevents you from performing essential job duties, and no reasonable accommodation is possible under ADA or FEHA.

Illegal Reasons for Termination:

• Your employer fires you shortly after returning from a workplace injury without a valid reason.
• You are let go after filing a workers’ compensation claim.
• Your employer fails to provide reasonable accommodations despite your ability to perform essential job functions.
• You were treated unfairly compared to other employees who were not injured.

If your employer claims that your termination was due to performance issues or other unrelated reasons, but the timing suggests retaliation or discrimination, you may have a wrongful termination case.

Signs of Retaliation After a Workplace Injury

Employers may not always fire employees immediately after they return from a workplace injury. Instead, they may attempt to create a hostile work environment or make working conditions intolerable in the hopes that the employee will quit. Some signs of employer retaliation include:

• Increased Scrutiny: Suddenly receiving negative performance reviews despite a history of good performance.
• Demotion or Pay Reduction: Being reassigned to a lesser role with fewer responsibilities or lower pay.
• Exclusion from Opportunities: Being denied promotions, training, or benefits that were previously available.
• Unjustified Disciplinary Actions: Receiving write-ups or warnings for minor infractions that other employees are not penalized for.
• Hostile Treatment: Facing harassment, isolation, or a hostile work environment after returning to work.

If you experience any of these forms of retaliation after a workplace injury, it may be a sign that your employer is trying to push you out unlawfully.

Steps to Take If You Are Fired After Returning from a Workplace Injury

If you have been fired or fear termination after returning from an injury, there are important steps you can take to protect your rights and build a strong case:

1. Document Everything: Keep records of any communication with your employer, including emails, performance evaluations, and disciplinary actions. If you notice a shift in how you are treated after your injury, document specific incidents.
2. Request a Reason for Termination in Writing: If you are fired, ask your employer to provide a written explanation for the termination. This can help determine whether their reasoning aligns with legal grounds.
3. Review Your Workers’ Compensation File: If you filed a workers’ compensation claim, check your records to see if there were any retaliatory actions taken against you.
4. Consult an Employment Attorney: An experienced employment attorney can review your case, determine whether your termination was legal, and help you take the appropriate legal action.

How an Employment Attorney Can Help

A skilled employment attorney can provide invaluable support if you believe you were wrongfully terminated after a workplace injury. They can:

• Assess Your Case: An attorney will evaluate the evidence and determine whether you have a strong claim for retaliation or wrongful termination.
• File a Complaint: If your rights have been violated, an attorney can help file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
• Negotiate a Settlement: Many wrongful termination cases are resolved through settlements, where an attorney will negotiate for fair compensation, lost wages, and reinstatement.
• Pursue Litigation: If a settlement cannot be reached, an attorney can represent you in court to seek justice and damages.

If you suspect that your termination was unlawful, consulting an Employment Attorney can help protect your rights and provide the legal guidance necessary to take action.

Being fired after returning from a workplace injury is not only distressing but can also be illegal. California’s labor laws offer strong protections to injured workers, ensuring they are not retaliated against for filing workers’ compensation claims or taking medical leave. If you were terminated under suspicious circumstances or believe your employer retaliated against you, it is essential to take action. Consulting an experienced employment attorney can help you understand your legal options and fight for the justice and compensation you deserve. By standing up for your rights, you help ensure that employers remain accountable for their actions and that other workers are protected from similar mistreatment.