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

Q: Currently going through a WC case against employer. HR is pushing for admin separation; can the WC case still proceed?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Yes it can.

Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be violating the law and it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Yes, under California law, a workers' compensation case can still proceed even if the employee is subject to an administrative separation or termination. The right to workers' compensation benefits is not affected by an employee's job status.

Key points to consider:

1. Workers' compensation is a separate legal process from employment status. An employee's right to receive workers' compensation benefits is based on whether the injury or illness is work-related, not on their current employment status.

2. California Labor Code Section 132a prohibits employers from discriminating against employees who have filed or made known their intention to file a workers' compensation claim. If an employer retaliates against an employee for pursuing a workers' compensation claim, the employee may have additional legal recourse.

3. If the administrative separation is related to the employee's work-related injury or illness, the employee may have additional protections under the California Fair Employment and Housing Act (FEHA) or the federal Americans with Disabilities Act (ADA).

4. It is advisable for the employee to consult with an experienced workers' compensation attorney to discuss their specific situation and ensure their rights are protected throughout the process, especially if they believe their administrative separation is related to their workers' compensation claim.

In summary, an administrative separation or termination does not prevent an employee from pursuing a workers' compensation case in California. The employee's right to benefits is based on the work-related nature of their injury or illness, not their employment status.

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