Can a company be found guilty of discrimination retaliation and wrongful termination on the same case

Question

I was injured on the job I was on restriction duty I asked for a day off to seek medical attention my employer my supervisor didn't deny the day off but the following day when I went to go pick up my regular check he presented me a document and told me if I didn't sign a document it could be consequences he read the document and I asked him well what if I'm sick or what if I'm injured and he told me that I'm to show up to work anyways at that time I told him I couldn't sign it the way it was written when I asked for a copy a week later it was a total different document it was now a official job offer sheet I was terminated tonight temporary disability benefits denied unemployment benefits and then the I appealed the unemployment and the judge ruled that a company didn't have the right to fire me because I didn't refuse to work

James L. Arrasmith · Answer

Under California law, you may have grounds for claims of discrimination, retaliation, and wrongful termination based on the circumstances you've described. Discrimination occurs when an employer treats an employee unfavorably due to a protected characteristic such as disability. In your case, if you were terminated or faced adverse actions because of your injury or medical condition, this could constitute disability discrimination. Retaliation, on the other hand, occurs when an employer takes adverse action against an employee for engaging in protected activities, such as requesting medical leave or asserting their rights under workers' compensation laws. Your supervisor's actions in presenting a document with consequences after your request for medical attention, and subsequent termination, could potentially be seen as retaliatory if they were in response to your exercise of these rights. 
 
Additionally, wrongful termination under California law can occur if an employer terminates an employee for reasons that violate public policy or breach the terms of an employment contract. If your termination was linked to your injury, medical condition, or the exercise of your rights under workers' compensation laws, it may constitute wrongful termination. The fact that you were on restriction duty and requested time off for medical attention further supports the argument that your termination could be unjustified under these laws. 
 
The denial of temporary disability benefits and unemployment benefits, followed by the judge ruling in your favor during the unemployment appeal, suggests that there may have been discrepancies in how your employer handled your case. In California, employers are prohibited from retaliating against employees for filing workers' compensation claims or seeking medical treatment related to work injuries. The changes in the document presented to you could also raise questions about the employer's intentions and transparency in their dealings with you. 
 
To pursue your case, it would be advisable to consult with a qualified employment law attorney who can assess the details of your situation and advise you on the best course of action. They can help you gather evidence, navigate legal procedures, and determine the appropriate legal claims to pursue against your employer. Taking action promptly is crucial due to the statutes of limitations that apply to these types of claims.

Q: Can a company be found guilty of discrimination retaliation and wrongful termination on the same case