Do I have a case to sue/should I do something?

[Dragonsong]

I was fired after returning from worker's comp, i knew it might happen b/c the manager threatened me with it when the day after I injured myself they had me come in for a five hour shift doing the work of two people and I left (early, the manager had even offered it the night before but changed his mind when I took him up on the offer) for the day due to the injury. I had just finished my 90 day probation and was receiving my employee benifit, however when they let me go they said that they were not going to offer regular employment even tho i had past my 90 days and received employee benefits.

I also was not given a workers comp form from the manager when i reported it, I had to file at the hospital. I was given a week off by the doctor and during that week my manager had hung up on me and refused my calls until the day before i was to return to work.I have documented everything that happened with regards to this issue.

Do i have a case to sue? Any any advice on what I should do? I am located in Contra Costa County in California...

[1171]

if you are in an "at will" state an employer can terminate an employee without an excuse.
I don't see a provable wrongful termination issue.
you can talk to a employment law atty for a better determination.

[Dragonsong]

It was not a at will hire.I have had employment lawyers direct me to workers comp one! And vise versa! What is a girl to do

1171 Wrote:if you are in an "at will" state an employer can terminate an employee without an excuse.
I don't see a provable wrongful termination issue.
you can talk to a employment law atty for a better determination.

[1171]

california employment laws make it an at will state.
Did you have a separate employment contract that you signed or were you a member of an employee organization or union that had a contract?
without one you can be terminated at any time without reason.
Workers compensation is not controlled by civil or negligence law and an employee cannot bring a civil suit for a workers comp issue.
workers compensation law does provide anti-discrimination provisions that allow injured employees to file if they believe they were terminated because they filed a work comp claim.
The filing would be made to the workers comp court.
For information on bringing a work comp discrimiation complaint contact your local Information & Assistance officer
http://www.dir.ca.gov/dwc/IandA.html
the form & instructions for filing are here (guide 7)
http://www.dir.ca.gov/dwc/iwguides.html

[MJC]

The states that are "AT Will To Work" have the right to fire you at any time for any reason. Unfortunately after a work related injury, you are fired. You are normally fired before you even have a chance to see if you could even return to your work status or lighter duty. It's a tough sad world we live in. Wishing you the best.

Cajun Hugssssssssssssssss,
MJC

[Dragonsong]

Thanks!