Advocating For California Employee Rights

Family and Medical Leave Act can protect workers who are injured

On Behalf of | Jul 19, 2018 | Family And Medical Leave

There are a number of great things about being a full-time employee in the United States. Among these are the host of benefits that come with employment. However, what if an injury or illness prevents an employee in California from working? Workers compensation will provide income and health care replacement for eligible employees, while The Family and Medical Leave Act (FMLA) will offer job protection in the event of an extended leave.

In another state, a woman filed a lawsuit over allegations that she was fired in retaliation for rightfully using her workers’ compensation. According to the lawsuit, the woman was subjected to adverse working conditions and was injured while on the job. The lawsuit said the woman filed a claim for workers’ compensation.

Allegedly, the woman was wrongfully fired only 12 days after reporting the injury that she had suffered while at work. The woman claims that this caused her to suffer great emotional distress, as well as the loss of her salary and benefits. She alleges that her former employer fired her in retaliation for her injury and for using workers’ compensation benefits. The woman seeks damages in excess of $15,000 as well as all other just relief.

These days, it is not uncommon for employees to face retaliation for rightfully using benefits such as workers’ compensation. Employees in California are protected by laws such as the Family and Medical Leave Act. Those who have faced retaliation for using these entitled benefits can pursue legal action. A successful lawsuit could result in compensation to replace lost wages as well as restoration of lost benefits.