Workers’ Compensation Discrimination Cases

BOLI finds insufficient evidence to support employee’s claim of discrimination for using workers’ compensation system.

While plaintiff was out on a workers’ compensation injury, a major client called employer refusing to work again with plaintiff. Shortly after plaintiff’s return to work, employer terminated employment for a relatively minor offense. Plaintiff claimed retaliation for using the workers’ compensation system, and the claims were settled.

Plaintiff alleged failure to reinstate to former position after workers’ compensation injury. Employer showed that plaintiff was seeking alternate employment prior to returning to former position, and the case settled.

Monitoring of a state of California case in which plaintiff alleged injuries caused by employer not providing safe workplace.