Wrongful termination claim filed in aftermath of injury

Nearly every worker in California understands that there are risks in every industry. If they are injured on the job, they expect that their employers will do what it takes to assist with medical costs, lost income and time off for recovery. When employers fail to fulfill their obligations to employees under state workers' compensation laws and/or federal laws such as the Family Medical Leave Act (FMLA), a wrongful termination claim and other actions could be the result.

An out-of-state man recently filed a lawsuit against his former employer after he was terminated on Jan. 20, 2016. He alleges that his termination was in violation of the FMLA. He worked for a moving company for approximately 13 years. His duties were to pack and move the property of the company's clients.

In Dec. 2015, during the course of his employment, the vehicle he was in was involved in an accident. As a result, the Pennsylvania man suffered injuries that prevented him from working until approximately Jan. 4, 2016. He was not given any assignments when he returned to work, and was officially let go later that month. He claims that the company never provided him with FMLA paperwork, as required. He further claims that his termination was racially motivated.

As would be the case here in California, it will be up to the court to determine the veracity of the allegations made in the man's wrongful termination claim. If the court determines that the company failed to provide him with the necessary paperwork, and that it did so because of racial discrimination, he could be awarded the monetary damages he seeks. It is important to note, however, that it is possible to also seek non-monetary damages in employment law claims as well.

Source: pennrecord.com, "Mover sues company over allegations of discrimination and wrongful termination", Annie Hunt, March 29, 2016

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