Legal Question in Workers Comp in California
Can i fire my part time employee?
Can i fire my part time employee? When can i fire my part time employee? Recently he had a small injury and is now suing. If i were to fire him what problems would i run into? What are my options? I'm already been paying for his medical bills.
1 Answer from Attorneys
Re: Can i fire my part time employee?
You cannot fire your employee for the simple reason that he filed a lawsuit against you. This is a violation of 132a of the Labor Code. If you have workers' compensation insurance they will not cover you if you discriminate against your employee. There are severe penalties for said violation. You can be fined 50% penalty with a limit of $10,000 plus costs up to $250. You would also have to reinstate the employee and pay his/her lost wages. Again your insurance carrier will not pay these penalties and you alone will be responsible.
DO NOT TERMINATE YOUR EMPLOYEE FOR THE SOLE REASON THAT HE FILED A WORKERS' COMPENSATION CLAIM.
If you do not have workers' compensation I suggest you hire a workers' compensation attorney. If you do not know one, I can refer you to one as I only represent injured workers, but know some very good attorneys that represent uninsured employers.
Good Luck,
You may contact me directly if you would like me to refer you to an attorney.
Law Offices of Samuel L. Salazar
617 W. 7th St. Ste 402
Los Angeles, Ca 90017
email: [email protected]
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