Advocating For The Rights Of Southern California Employees Since 2007

Can employer fire employees returning from a job injury?

On Behalf of | Jul 3, 2020 | Wrongful Termination |

A recent job injury left you unable to work for a few weeks or months. While your employer has workers’ compensation, you either lost your job during recovery or soon after returning to work. Is either practice considered wrongful termination? 

Chron has answers that may help. Take steps to protect your rights and your position. 

Legitimate reasons 

What reason did your employer give for firing you? Rather than your injury, maybe your company had a legal reason for terminating you, such as you engaging in employee harassment. If your company made a legitimate effort to reasonably accommodate you upon returning from your injury, but you still could not perform your job, your employer can terminate you. 

At-will employment  

Contact an HR representative to go over your current employment contract. If your agreement includes anything about at-will employment, your company can fire you anytime for almost any reason. 

Company policy 

Did you sustain your injury by engaging in an act that goes against company policy? Even though your company may have covered your injuries, your boss may terminate you when the doctor clears you for returning to work. 


One example of wrongful termination is a company firing an employee as retaliation. Say that you refused to engage in what you know to be an illegal activity in the workplace. Your employer cannot fire you because you did not go along with the misdeeds. If you have evidence that your termination is retaliation, you may have a case on your hands. 

Do some digging to determine if your employer violated your rights. You should not fear your career’s future because you sustained an injury.