Wrongful Termination WC?

[Jdawgspup]

What is the name of your state?California
My Husband was employed for 15 years with the employer. Last year he was out on a Workers Comp claim (not FMLA), for 6 months. He twisted his knee and required surgery. During the time off, he as told his job would be replaced if he did not return by supervisor. Knowing it could not (WC) be done, he finally got releash and returned to work. His supervisor called him in and gave him a poor review and placed on probation. All his prior (15 years) reviews were excellent and was respected employee throughout the employee staff. His office was broke into and personal stuff was thrown in the garbage. He notified personal and still has not got any communication
I have done alot of research and just kind of verifing my conclusion

 

[racer72]

Do you have a legal question?

 

[cbg]

He cannot be terminated BECAUSE he filed a workers comp claim. However, unless CA law says otherwise (and CA law says a lot of things contrary to how the other 49 states operate but I don't know specifically on this one) he CAN be termed because he was out for six months. FMLA or no FMLA, the longest an employer is required to hold a job open is 12 weeks. He exceeded that by almost double.

I'm not certain who the regulatory agency is for w/c issues, but if he believes he was fired SOLELY because he filed a workers comp claim he should speak to a w/c attorney.

 

[Jdawgspup]

Just a quick thank you for a response I am relieved to hear. Hate to see if my understanding would be different with all the hours I have put into. Now I know why attorneys charge what they do, it is alot of work