Q: Is there any legal recourse if I’ve recently have new evidence that the employer terminated me wrongfully?
I was injured on the job 22 months ago and was fired while I was still on medical leave. I was able to get my personnel file and peice together some evidence that shows the employer wrongfully terminated me.
It’s been more than a year so I can file labor code 132a. My claim has been accepted but the employer falsified some ducoments and the carrier will not start some benefits.
Will I need to file a civil suit or can it be litigated at wcab?
A: There is no tolling of the 132a statute of limitations. You have one year from the event to file a claim. However, I believe the SOL for a civil claim is 2 years, so you can still file a civil suit if your case meets the standard for a civil claim. Expect that the employer will raise the exclusive remedy doctrine, which means a work injury can only be litigated before the WCAB. Wrongful termination is very had to prove and if you were an at will employee, you are going to have a hard time finding an employment attorney to take the case, especially if you have not been cleared to return to work because there is no wage loss.
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