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Can I Be Laid Off if I’m on Workers’ Comp Leave?

State law prohibits an employer from retaliating against you if you’re on workers’ compensation leave. Furthermore, it is illegal for you to be fired because you were injured on the job. If an employer does retaliate or discriminate against you while on leave, you can take legal action against them. However, determining whether or not an employer has retaliated against you depends on their reasons for laying you off.

Employers are not required to provide special treatment if you are on workers’ comp leave. If you come back to work, you are not guaranteed a specific job or rate of pay. Poor performance at work can also be used to legally fire or lay you off. Financial difficulties within the company that result in a lay off is also a valid reason to lay off an employee on workers’ comp leave.

Other Laws

Aside from workers’ compensation law, there are other legal acts intended to protect the rights of American workers. The Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) have provisions that protect injured employees from losing their jobs in some circumstances.  Speaking with a qualified lawyer can help you determine if either of these acts apply to your case.

We Want to Help You

If you think you’re being laid off because of your workers’ compensation leave, immediately speak with one of our attorneys. Our team of workers’ compensation lawyers can review and evaluate the circumstances surrounding your case and help create a legal strategy that suits your needs. Let us defend your legal rights!

Call , or contact one our Bakersfield workers' comp lawyers to find out what we can do for you.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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