Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
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FAQ
Sexual Harassment and/or a Hostile Work Environment. Race Discrimination. Retaliation Over Workers' Compensation Claims. Violations Of The Family And Medical Leave Act (Fmla) Wage And Hour Violations. Whistleblower Retaliation.
Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.
In general, readers who had a wrongful termination claim against a large employer (with more than 100 employees) received an average of $43,400 in compensationalmost twice as high as the average for readers who'd worked for smaller employers. Large employers may simply have the money to offer higher settlements.
What is unlawful termination? Section 772 of the Act says that an employer must not terminate an employee's employment for one or more of the following unlawful reasons:trade union membership or participation in trade union activities outside working hours (or during working hours with the employer's consent)
A wrongful termination is any firing that is done in violation of federal, state, or local laws; the terms of an employment agreement; or for reasons that go against public policy.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim. However, your employer can fire you while you have an open workers' compensation claim.
While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).
In most cases, the settlement you would receive is calculated based on your damages, the losses you incurred as a result of the wrongful termination. These damages need to be proven with documents for them to be taken seriously by a court or jury, and the employer.
While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).