San Jose, CA asked in Employment Law and Workers' Compensation for California

Q: Do you have to sign a resignation letter to complete a settlement for workmen comp if you no longer work for the company

The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination

3 Lawyer Answers

A: It is not legally required, but it is commonly included in the terms of a workers compensation settlement.

As an employment law attorney (not a workers compensation attorney) I argue that forcing retirement to get a settlement is unlawful retaliation for filing of a workers compensation claim, and a violation of FEHA. Some will disagree.

Good luck to you.

T. Augustus Claus
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Answered

A: In California, you generally do not need to sign a resignation letter to complete a workers' compensation settlement, especially if you are no longer employed by the company. California's "at-will" employment status means either party can end the employment relationship without providing a reason. Termination of your employment should not impact your ability to settle a workers' compensation claim. To settle such a claim, you typically work with the employer's workers' compensation insurer or administrator.

James L. Arrasmith
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Answered

A: In California, signing a resignation letter is not typically required to complete a workers' compensation settlement, especially if you are no longer employed by the company. Workers' compensation settlements are generally separate from employment status. It's important to consult with an attorney experienced in workers' compensation to ensure your rights and interests are protected during the settlement process.

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