Here?s good news: When an employee claims she was fired for filing a workers? compensation claim, she can?t pursue the lawsuit as a wrongful-discharge claim. She?s required to sue under the workers? compensation law.
Recent case: Michelle hurt her back at work while trying to drag a cart across an icy surface. Three months later, she was fired, allegedly for gossiping at work after being counseled against it and for altering a check she received from her employer.
She sued, alleging retaliation and wrongful discharge in violation of public policy.
Her employer argued she couldn?t sue separately (and possibly recover a huge award) under common law when the workers? compensation law also allows a lawsuit based on retaliation.
The court agreed she was limited to her workers? compensation claim. (Dutra v. Mercy Medical Center, No. C067169, Court of Appeal of California, 2012)
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