If I File A Personal injury Claim Against My Employer, Can they Fire Me?



Before answering this question, you should first learn in which way are you employed by the company. Employment may vary as employment falls into a wide array of categories, such as employment at will, contractual employment or employment in relation to a project. For instance, in the state of California, there exists “employment at will”. This means that the employer can terminate the employee's services with the company when desired and vice versa. The company can let the employee go at its own discretion.

Moreover, you should examine the labor laws in your state as each state has its own distinct labor laws. It is best to check the applicable laws in the state where you work or reside.

Some companies have their own regulations against firing an employee who is pursuing a personal injury case against them. This principle is imbued with public policy since it is well within the rights of the employee to protect and safeguard his rights and well-being. Asserting these rights should not be held against him/her. Review your employment documents and study if rules of this nature are included in your contract.

Probationary employees' termination, however, can most likely be qualified at any stage. The probationary period usually lasts from one to six months and may depend on the company’s policy. During this period, the employee is not yet classified as a regular and does not necessarily have the security of tenure.

If you have suffered personal injury in your workplace, sued your employer and were sub-sequentially fired, your agreement (if you have one) with your employer that you cannot be terminated for a certain period can be a source of relief. If the company fired you without a valid reason, other than the fact you filed a personal injury case against them, then this may constitute a breach of contract on their part. By then, you can file another suit of illegal dismissal.

It is also important to start counting the period that has lapsed between the time you were fired and the date you filed your complaint. This evidence will be of great weight in proving the company's motives in firing you. If the lapse is six months or less, it can still be the basis of a claim for damages as it can be seen as a form of retribution against the personal injury case you filed against the company.

It is essential that you clarify the grounds of your termination to see if you have been wrongfully dismissed. Scrutinize the company's rationale for firing you and go over them with your personal injury lawyer. Consult a personal injury attorney to find out whether your termination is legal or just a palpable excuse to cover the company's retaliation.

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