Workers Compensation.

Is it unlawful to terminate an employee for filing a workers compensation case?

• I am preparing to file a Complaint in a US district court for wrongful termination. Is it unlawful to terminate an employee for filing a workers compensation case, and if so, what must I say in the Complaint? The employer didn't say that was the reason. The employer will say that I was separated from state service because of being AWOL. They claim they did not receive one of the many doctors notes. The situation is much more complex than this, having started with bullying and then not following established State Personnel Board guidelines for required Notice of Adverse Action. My due process right for a Skelly Hearing were usurped and by that time my head was spinning so fast, my doctor ordered me off work. I later reapplied for reinstatement, interviewing 12 times, and was not rehired. I had over 400 hrs of sick time on the books and a file full of accolades and annual appraisals from previous supervisors indicating I exceeded performance expectations. The EEOC (who has sent me a "right to sue" letter) investigator states that he received written documents indicating the reason I was not reinstated was that I did not get along with management and the public. And the EEOC told me I had no right to see the correspondence. What kind of system is that? No way to rebut evidence if I can't see what they are using to make findings. Oh, what a messed up and world filled with evil doers. At 52, I lost my career and dream of a Calpers retirement, having only served 6 years. ;-/ Sure could use some advice on how to file the Complaint. Once I file the Complain, I want to ask the judge if he or she will appoint counsel, as I realize I would not be able to hold up under taxpayer funded state contact attorneys. It has been three years and the state agency still denies the workers compensation claim. Even though an agreed medical evaluator (ame) gave a 90% apportionment for the injury. Hope to gain some much needed help here, please, so I can get the Complaint filed before the 90 day window on the "right to sue" letter closes. Battered and torn.

• Answer:

  unless your affliated with a union they dont have to have a reason to fire you. However they have to pay you WC because you were injured on the job and you were an employee when you were hurt. I have been thru this exact same thing (almost) and the bad news is there isnt alot you can do about it. If you were granted wrongful termination and they are forced to hire you back they will fire you the first time you are 3 seconds late. Its not worth it