Advocating For California Employee Rights

Family and Medical Leave: Man allegedly fired after injuries

On Behalf of | Jun 6, 2018 | Family And Medical Leave

When a full-time worker in California suffers a work-related injury, he or she has the right to take extended time off of work in order to recuperate. These rights were established in the Family and Medical Leave Act of 1993. This piece of legislation says that employers must provide eligible employees with job-protected leave in the event of a family emergency or work-related injury. Unfortunately, employers these days may choose to retaliate when a worker takes advantage of these rights.

A man in another state is suing his former employer over allegations that he was fired in retaliation for using FMLA leave. The man worked for a tree-trimming company and was allegedly injured on the job. According to the lawsuit, the man was forced to cut a tree down with a broken saw. Allegedly, this caused the tree to fall the wrong way and the tree struck the man in the back of the head, injuring him.

The man claims that his employer threatened to fire him if he did not use the broken saw. Because of his injuries, the man used his workers’ compensation benefits, the lawsuit says. The plaintiff says that he was terminated from his position in retaliation for using workers’ compensation. In the lawsuit, the plaintiff seeks compensatory and punitive damages, as well as all other just relief.

Workers who suffer injuries on the job have a legal right to take extended time off. Workers in California who have faced retaliatory acts for rightfully using Family and Medical Leave could benefit by seeking the services of an attorney experienced in employment law. A successful lawsuit could result in much-needed compensation as well as restoration of lost benefits.