Advocating For California Employee Rights

Family and Medical Leave: Man allegedly fired for using benefits

On Behalf of | Nov 15, 2018 | Family And Medical Leave

For many California citizens, the main reason for obtaining full-time employment is not about the salary, but the benefits that come with a full-time job. These benefits include health insurance, paid vacations and workers’ compensation. Workers’ compensation is a form of insurance that provides wage replacement for employees who are forced to take time off due to an on-the-job injury or illness. Additionally, eligible workers in the United States may receive unpaid Family and Medical Leave if they suffer serious injuries that prevent them from working or need extended time off to take care of a sick loved one.

Unfortunately, it is not uncommon for employers to retaliate against workers who take advantage of these rights and benefits. A man in another state filed a lawsuit after he was allegedly fired for rightfully using workers’ compensation benefits. According to the lawsuit, the man suffered injuries while on the job.

The man alleged that his injuries prevented him from working so he filed for workers’ compensation. However, he claimed that, after returning to work, his employer refused to give him back his former position and fired him. The plaintiff accuses his former employer of unlawfully terminating him in retaliation for using his workers’ compensation benefits.

Employees should never be retaliated against for using benefits that they are entitled to. Any California resident who feels that he or she has been punished for rightfully using Family and Medical Leave or other benefits can take legal action. A successful claim could result in a monetary award to replace lost wages and reinstatement in appropriate circumstances.