Legal Question in Employment Law in California

I had got fired back in july because they say I had an expired liscence which I didnt have and Expired liscence plus they fired me during a workmans comp case and incase it makes a differance I also had informed them about my case of aspergers, so heres my question you you think I have a valid reason to sue them?


Asked on 11/05/11, 4:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

To judge how good of a case you have, we would need more details. Since employment in California is "at will' unless you have a contract, you probably could not sue about the license issue, but it might be relevant to show the other biases. Being fired because yo filed a WC claim would be handled through the WC system; yo can not be discriminated against because you have a WC claim but you can be laid off if there are no jobs available for you even when healthy. Discrimination because of a perceived handicap is illegal [go to FEPC to see if they will help you].

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Answered on 11/06/11, 9:14 am
David Sarnoff Sarnoff + Sarnoff

I must disagree with Mr. Shers' assessment that "Being fired because yo filed a WC claim would be handled through the WC system." California Labor Code section 132a specifically prohibits discrimination and/or retaliation for filing a WC claim, and thus, you may have a viable claim for Retaliation and/or Wrongful Termination in Violation of Public Policy. You may also have a Disability Discrimination claim under the Fair Employment and Housing Act based on your workplace injury. Moreover, because you also informed them about your Asperger Syndrome, you may have a separate claim for Disability Discrimination.

Nevertheless, it is impossible to fully analyze any claim you may have from this limited information. My firm's website, www.sarnofflaw.com, contains a Confidential Online Case Evaluation Form you can complete at any time that will provide us with the necessary information to conduct a preliminary analysis of your situation. You can also call us at (877) 877-2545.

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Answered on 11/06/11, 11:12 pm


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