What to do if I was fired the day after getting a workmers compensation claim check?

A few weeks ago I got hurt at work and went to the ER and paid $150. At work the next day, my boss tried to get me to “not say anything” and not file any workers comp or tell my contract company about it, and he would “add an extra 5 hours to my timecard” instead. I ended up filing the WC because that is the right thing to do. This weekend, I got the reimbursement check for the $150. The next day at work, my boss told me that he is ending my contract and my last day is in 2 weeks. I have never been reprimanded. My contract (I’m a contractor) has been month-to-month.

Asked on June 26, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are not an employee so the rights you may have had as an employee do not translate into your position as a contractor.  However, this will need to be looked at by an attorney to see if your employer breached the contract in any way, shape or form or committed bad faith in terms of the contract itself.  You absolutely need to continue your claim with workers compensation and perhaps you may need to contact OSHA.  But before you do that or call the Equal Employment Opportunity Commission (not sure if that agency would have jurisdiction), consult with an attorney. 


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