Wrongful Termination and Worker’s Compensation in Santa Monica, CA

by | Sep 23, 2020 | Attorneys

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Unless a contract is involved, most of today’s jobs are of an “at will” nature, which means that either the employer or the worker can terminate the arrangement for legal reasons. A wrongful termination in Santa Monica, CA, happens when an employee is fired for an illegal reason such as retaliation, discrimination, or refusing to commit a crime.

To get legal relief, a wrongfully terminated employee must file a claim with the EEOC, OSHA, or the employment agency in his or her state. When an employee proves their case, they’re typically entitled to retroactive pay and reinstatement to their former position within the company.

Why do I Have to Call OSHA if I’m Wrongfully Terminated?

OSHA (the Occupational Safety and Health Administration) protects workers by mandating that employers provide hazard-free, safe working conditions. Employees can file an OSHA complaint about workplace safety violations, and these complaints often result in an investigation and subsequent employer penalties.

After these penalties, some employers try to fire the reporting worker. This practice is called “retaliatory discharge”, and is illegal in every state. Employers are allowed to report dangerous working conditions without fear of termination. An employee who has been fired for an OSHA report should file again with that agency, which will trigger another investigation of the employer.

Preparing Documentation for a Wrongful Termination Case

To prove your case, you and your attorney will need to provide a detailed account of the events leading up to the wrongful termination in Santa Monica, CA. You may submit documents such as:

  • A report on the termination, which includes dates, names, times, and a description of how the termination took place
  • Pay stubs to document wage loss
  • Contact information and written statements from witnesses
  • A copy of an initial OSHA report (it is best to contact the agency in writing)

In most cases, you have thirty days to file a report with OSHA, and you can also make a claim with your state’s Labor Department.

Do I Need an Attorney to Help me File a Wrongful Termination Suit?

Workplace disputes are important matters; after all, it’s your job on the line. To maintain the status quo, it’s important to call Employee Law Group regarding your complaints. An attorney handling cases involving Worker’s Compensation in Santa Monica, CA, can help you gather the information to be used in an OSHA investigation, and he or she can help you get the appropriate relief. Visit www.employeelawgroup.com for more information.