Wrongful Termination Due To Work Injury Protecting Your Rights When

Bonisiwe Shabane

-Nov 1, 2025, 7:32 PM

wrongful termination due to work injury protecting your rights when

If you suffered a workplace injury and your employer fired you shortly afterwards, you may face a disabling mix of stress, medical bills, and job loss. You must understand your legal protections, the evidence you’ll need, and the practical steps to take. In this article, you will learn how wrongful termination due to work injury occurs, what laws protect you, how to evaluate if you’ve been wrongfully fired, and what to do next. Wrongful termination due to a work injury happens when an employer fires you primarily because you were injured on the job or because you filed a claim for benefits related to that injury. This is different from a lawful termination with legitimate performance or business reasons. In the U.S., most employment is “at-will,” meaning employers may terminate you for almost any reason except protected ones.

However, if your injury triggered a chain of events that led to termination—especially if the employer retaliated for your claim—then you may have a valid case. Several federal and state laws protect injured workers from unfair or retaliatory termination: Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies.

If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections. Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint. Explore your legal options if you've been fired after a workplace injury, including wrongful termination and workers' compensation rights. Experiencing an injury at work can be a challenging ordeal, and facing termination shortly afterward adds complexity.

Understanding the legal options available is crucial for individuals who find themselves in this situation. This topic touches on workers’ rights and employer responsibilities, essential components of fair employment practices. Wrongful termination occurs when an employee is dismissed in violation of legal or contractual obligations. Being fired after a workplace injury often intersects with state and federal protections. The Americans with Disabilities Act (ADA) prohibits discrimination against employees with disabilities, including temporary disabilities resulting from workplace injuries. Termination based on an injury may violate the ADA if the employee can perform essential job functions with or without reasonable accommodation.

The Family and Medical Leave Act (FMLA) further protects eligible employees by allowing unpaid, job-protected leave for serious health conditions. Termination during FMLA leave may be wrongful unless the employer has a legitimate, non-discriminatory reason. State laws often provide additional protections and remedies. Employment contracts and collective bargaining agreements may also protect employees from termination without just cause. Violating such agreements can lead to breach of contract claims. Employees should review their contracts to understand their rights.

One concern many workers have after getting hurt at work and pursuing a claim for workers’ compensation benefits is whether or not their employer can retaliate against them for doing so. Many injured workers who end up placed on light duty work restrictions then wonder, “Can I be fired for work restrictions?” Fortunately, there are legal protections in place that prohibit employers from retaliating against injured workers with wrongful termination due to work injury. Staying informed about your legal rights when it comes to workplace injuries can help you ensure that you are treated fairly, and help you recognize any issues right away so that you can retain... At the Law Firm of Kneisler & Schondel, our legal team recognizes the importance of California employees understanding their legal rights in the workplace. A common question injured workers tend to ask when learning about the process of filing a claim for benefits is, “Can I get fired for getting hurt at work?”

It is illegal for employers to fire employees for filing a legitimate claim for workers’ compensation benefits. However, it can still happen. If you have been injured in the workplace and you are worried about your employer retaliating against you, the Law Firm of Kneisler & Schondel is here to help. Attorney Matthew. A. Schondel has decades of experience helping injured workers in the state of California fight for the workers’ compensation benefits that they deserve.

Call our office today at 707-542-5132 to schedule a consultation to learn more about how we can help you pursue workers’ compensation benefits for your work injury, or help you take legal action against... Workers in California have certain legal protections in place that their employers must honor. Some of these legal protections are in place due to federal laws and regulations. Other legal protections designed to help workers in California are in effect based on state laws and regulations. In California, both federal and state laws protect workers in many different ways, including the following: Ever thought about what happens when a boss fires you unfairly?

Knowing your rights after wrongful termination can help protect your job and get justice. Wrongful termination happens when you’re let go for illegal reasons. Laws protect workers from unfair firings. This means you have rights if you’re fired unfairly. Understanding employment law is key. It helps you fight back if you’re fired for the wrong reasons.

You can challenge firings based on discrimination, retaliation, or breaking the law. It’s hard to know your rights at work, like when you might be wrongly fired. Laws protect workers from unfair practices. These laws make sure workplaces are fair. Wrongful termination happens when a boss fires someone for bad reasons. These reasons go against the law.

Laws help keep workplaces safe from unfair actions. Losing your job can be devastating. Here’s how to tell if your termination crossed the line and what to do next. Being fired without warning is always jarring. Whether you were let go after raising a concern, taking medical leave or simply without explanation, the first question that comes to mind is the right one: Was I wrongfully terminated? The answer depends on more than fairness.

It depends on the law. This guide explains what qualifies as wrongful termination, common examples and the steps you can take to protect your rights. If you believe you were fired unfairly or unlawfully, a labor and employment litigation lawyer can help you understand your options. Wrongful termination occurs when an employer fires an employee in violation of federal or state law, a written contract or public policy. Most employment in the United States is “at will,” meaning employers can terminate employees for almost any reason—or no reason at all—so long as the reason isn’t illegal. That flexibility works both ways: employees can also leave at any time without penalty.

When an injury occurs outside the workplace, many employees fear losing their jobs due to their temporary inability to perform their duties. The question arises: Can you be fired for being injured off the job? This article explores the legal protections available for employees, employer obligations, and the steps you can take to protect your rights in such situations. In the United States, most employment is considered at-will, meaning employers have the right to terminate employees for almost any reason, or no reason at all, as long as it does not violate specific... However, this does not give employers carte blanche to fire employees simply because they were injured outside of work. While at-will employment is common, some employees may have employment contracts that specify the terms and conditions of their job, including grounds for termination.

If your contract includes clauses regarding injuries or absences due to medical reasons, it is essential to review those terms carefully. Even in at-will employment situations, there are several legal exceptions that prevent wrongful termination: If you are injured outside of work, several laws provide protections that may prevent your employer from legally terminating you. These protections vary depending on your location, employer size, and specific circumstances.

Wrongful Termination Due To Work Injury Protecting Your Rights When

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