Menifee, CA asked in Workers' Compensation for California

Q: If a person has an open worker’s comp claim can your company let you go for good without completing the claim?

Person works for the airline industry and is being let go as part of airline cutbacks.

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2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer retaliated against you, and that usually takes a lot of testimony and documents at a trial.

Haleh Shekarchian
Haleh Shekarchian
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: The employer can not discriminate against an employee who brings a worker’s compensation case. If the employer is singling you out and only cutting back your hours, then you have a case against him. You should contact anyone of us on AVVO for a free consultation.

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