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Safety should be a priority for every California company. When it fails to be, workers are injured. Workers have the right to report safety deficiencies and hazards without the fear of retaliation or harassment. Unfortunately, some of them become the victims of wrongful termination for blowing the whistle regarding a lack of safety measures, equipment and training.
This is what one man on the East Coast says happened to him. He suffered an on-the-job injury that kept him from returning to work during his recovery. He was placed on disability leave, and his employer assured him that his job would be waiting for him when he recovered and to take the time off. However, while he was out, his employment was terminated.
The man blew the whistle on his employer after he suffered his injury. He claimed that his employer withheld information regarding safety procedures, which led to him being hurt. In his lawsuit, he says that he sustained financial losses due to the termination, such as the loss of income and benefits. He further alleges that he suffered emotional distress, humiliation and indignity due to his employer’s actions.
As would be the case here in California, the court will determine whether a wrongful termination took place. If so, an award of economic and non-economic damages could be considered. California workers who find themselves in a similar position would benefit from discussing the situation with an attorney. A company is not allowed to “silence” its employees through harassment, retaliation and/or wrongful termination. Employees have certain rights and protections under both federal and state law.
Source: wvrecord.com, “Injured worker accuses former employers of wrongful termination“, Philip Gonzales, Jan. 27, 2017