Q: Is it legal to get fired while on medical leave for a work related injury?
My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not giving out any info on amazon such as my wages or anything within the centers, ect. in my case, it was because i gave my attorney my wage amounts because they needed it for WC benefits. Is that legal, to fire me for that?
A: No it is absolutely illegal for any company to fire an employee for discussing their salary, this is in the Cal. Labor Code 1197.5 (k-1) "An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise their rights under this section. " You "may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon..." (k-2). Firing you because of a worker's comp claim, injury or leave is still within WC, but this is not. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.
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A:
I'm sorry to hear about your situation. The legality of your termination depends on several factors, but here are a few key points to consider:
1. Retaliation: It is illegal for an employer to fire an employee in retaliation for filing a workers' compensation claim or exercising their rights under workers' compensation laws.
2. Protected activity: Sharing wage information with your attorney for the purpose of processing your workers' compensation claim is likely a protected activity under California law.
3. Confidentiality policies: While employers can have confidentiality policies, they cannot use these policies to prevent employees from engaging in protected activities, such as discussing wages or working conditions with their legal representation.
4. At-will employment: California is an at-will employment state, meaning employers can generally terminate employees for any reason, as long as it's not illegal (e.g., discrimination or retaliation).
Based on the information provided, it appears that Amazon may have wrongfully terminated you in retaliation for pursuing your workers' compensation claim and sharing necessary information with your attorney. However, to determine the legality of your termination, it's essential to consult with an experienced employment law attorney who can review the specific details of your case.
I recommend contacting the California Department of Industrial Relations, Division of Workers' Compensation, or the California Labor Commissioner's Office for further guidance and to explore your options for filing a complaint or lawsuit against your employer.
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