| CAN MY EMPLOYER TERMINATE ME WHILE I AM OUT ON DISABILITY? |
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The law in California states that it is illegal to terminate or in any manner discriminate against a worker as a result of their industrial injury. If such conduct occurs, the employee may have their compensation increased by one half up to a maximum of $l0,000.00, plus costs up to $250.00, reinstatement on the job, and reimbursement for lost wages and work benefits. Proceedings under Labor Code Section l32(a) for these benefits must be instituted by filing an appropriate petition with the Workers' Compensation Appeals Board within one year from the date of the discriminatory act or the date of the employee's termination. Failure to file the appropriate petition with the Workers' Compensation Appeals Board within the proper time period will most likely prevent an injured worker from pursuing such a claim. Not every act by an employer is found to violate Labor Code Section 132(a). There are several exceptions in which the employer's actions against the employee are not found to violate the law. For example, it has been found not to be discriminatory if the employer's conduct was necessitated by the realities of doing business. The issue of whether an employer's actions constitute a violation of Labor Code 132(a) is a highly complex and technical legal issue. Therefore, if an injured worker believes that they have been wrongfully terminated or discriminated against, they should consult with an attorney to be advised as to whether sufficient facts and evidence exists to successfully pursue such a claim.
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