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  1. #1
    Join Date
    Aug 2012
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    Default Wrongful Termination and Workers Compensation

    I know this has been asked here (probably multiple times) & I've even done some searching but, I cant seem to find the answers Im looking for. How does a wrongful term claim affect a W/C case? I know that they are 2 seperate claims & require different representation but, there is a article in the labor code(132(a)) stating W/T in a W/C case brings a max of $10,000??? Is that for the whole case, or the W/C party involved? also, can a W/C attorney represent a client in a W/T case or should that be handled by employment attorney? Last.... Can a employment attorney be aquired without paying a retainer fee? as I am flat broke & can barely afford gas to get back-n-forth from doc appointments as it is! Thanks in advance for taking the time to read & answer my post!
    Last edited by snoopSER; 09-18-2012 at 02:37 PM.

  2. #2
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    Oct 2006
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    9,109

    Default Re: Wrongful Termination and Workers Compensation

    a successful wrongful termination prosecution may bolster your evidence in support of a 132a discrimination filing.
    the penalty is for the 132a component; comp benefits are determined thru different criteria.
    whatever the atty feels comfortable in pursuing or has experience in. they are not exclusive.

  3. #3
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    Default Re: Wrongful Termination and Workers Compensation

    Quote Quoting .SH View Post
    a successful wrongful termination prosecution may bolster your evidence in support of a 132a discrimination filing.
    the penalty is for the 132a component; comp benefits are determined thru different criteria.
    whatever the atty feels comfortable in pursuing or has experience in. they are not exclusive.
    So what would be the best route to take this claim? I want whatever will get me the maximum benefit.

  4. #4
    Join Date
    Feb 2007
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    Calif
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    Default Re: Wrongful Termination and Workers Compensation

    1) what makes you think there is a wrongful termination claim here? Calif as well as most states are "at will" employment states... you can be terminated at any time without cause. Same as you may quit at anytime without cause.

    2) a claim under section 132(a) of the labor code goes to discrimination/harrassment for filing a claim, or receiving benefits due to the injury, not necessarily being terminated.

    3) your WC atty would simply add this to your current claim, however, the WC carrier does not represent the ER in a 132a... the max fine in 10K, but you'd be eligible for past wages (depending on the facts surrounding the claim) and your job reinstated.
    Lots of times where there is a claim under 132a, the WC atty will add this as a negotiation tool to be used at the time your claim resolves. It's cheaper for the ER to pay the wage loss, and 10K fine than litigate the action. Your atty fee is maxed at $250 for this one. Not many care to take the time to litigate, that's way it's a "tool".
    So what would be the best route to take this claim?
    That would constitute legal advice... talk to your atty for that.

  5. #5
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    Default Re: Wrongful Termination and Workers Compensation

    find out about your legal representation before deciding.

  6. #6
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    Sep 2012
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    nevada city ca.
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    Default Re: Wrongful Termination and Workers Compensation

    I just went through fighting a 132a on my own because my ex attorney and a few otheres I consulted with, did not feel it was worth there time or didnt want to bother with it. whats the point in having these laws if the employers dont have to obay them? there is a one year time limit on fileing. so if you dont file on time, does that mean the employer didnt do anything wrong?

  7. #7
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    Calif
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    Default Re: Wrongful Termination and Workers Compensation

    there is a one year time limit on fileing. so if you dont file on time, does that mean the employer didnt do anything wrong?
    No... it means you missed the SOL/Statute Of Limitations on filing the claim under 132(a). Remember though, the burden of proof is on you/IW, ER does not have to prove they did not do anything wrong under the law.

  8. #8
    Join Date
    Aug 2012
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    16

    Default Re: Wrongful Termination and Workers Compensation

    Thanks BvIA, your responses helped clear my confusion on the matter.

    - - - Updated - - -

    My w/c attorney filed the 132a within the SOL time limits, can I get a employment law attorney to file a state disability discrimination suit along with the 132a? Even though the SOL has now passed?

  9. #9
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    Default Re: Wrongful Termination and Workers Compensation

    ^^^^ thread bump!

  10. #10
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    3,372

    Default Re: Wrongful Termination and Workers Compensation

    Quote Quoting snoopSER View Post
    ^^^^ thread bump!
    If you have nothing to add or contribute, what's the point of bumping a dead topic?

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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