Can I be wrongfully terminated for getting injured at work?

Yes, you can be wrongfully terminated for getting injured at work in California. In California, employers are legally required to provide a safe working environment and, if employees are injured at work, employers are required to provide medical treatment. If an employee was wrongfully terminated after being injured at work, they may be able to bring a claim for wrongful termination under the California Fair Employment and Housing Act (FEHA). Under the FEHA, employers cannot terminate an employee in retaliation for filing a workers’ compensation claim or seeking medical treatment related to an injury they sustained at work. Even if an employee was not fired directly due to a work-related injury, an employer cannot terminate an employee when the termination would discourage other employees from filing a workers’ compensation claim or seeking medical treatment for a work-related injury. Additionally, if the employer terminated the employee without providing reasonable accommodations or alternative employment opportunities, the employee may also be able to bring a claim for wrongful termination. An employer is required to provide reasonable accommodations for employees who have work-related injuries and, if an employer terminates an employee without providing reasonable accommodations or alternative employment opportunities, the employee may be entitled to damages. In sum, an employee who has been injured at work in California may have a claim for wrongful termination if their employer terminated them for filing a workers’ compensation claim or seeking medical treatment, or terminated them without providing reasonable accommodations or alternative employment opportunities.

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