Suffering a workplace injury can be a life-altering event, but what happens if your employer forces you to resign afterward? Many injured workers in California face pressure to quit, whether through direct coercion, subtle workplace retaliation, or being misled about their rights. If you’re in this situation, you need to understand your legal options and how to protect your rights under California workers’ compensation laws.
At Laguna Law Firm, we fight for injured workers who have been wrongfully pressured out of their jobs. If you believe you’ve been forced to resign after an injury, call us today at (949) 594-2090 or visit lagunalawfirm.com for a free consultation.
Can an Employer Force You to Resign After a Work Injury?
No, your employer cannot legally force you to resign because of a work-related injury. California has strict workers’ compensation protections that ensure employees receive medical treatment, disability benefits, and job protection while they recover. However, some employers may attempt to push injured workers out to avoid paying benefits or accommodating their medical needs.
Signs that your employer may be trying to force you to resign include:
- Retaliation or harassment after you file a workers’ compensation claim
- Being told you must quit in order to receive benefits
- Being reassigned to an unreasonable or demeaning position
- Sudden changes in work conditions or increased scrutiny
- Being pressured to accept a voluntary resignation agreement
If any of these happen to you, it’s critical to seek legal advice immediately.
Your Rights as an Injured Worker in California
As an injured worker in California, you are protected by the California Workers’ Compensation Act and California Fair Employment and Housing Act (FEHA). These laws protect you from being forced to resign unfairly and provide legal remedies if your employer violates your rights.
Key rights you have include:
- The right to receive workers’ compensation benefits regardless of fault
- Protection against retaliation for filing a claim
- The right to reasonable accommodations for medical restrictions
- The right to return to your job if you are able to perform your duties with or without accommodations
- The right to sue for wrongful termination or disability discrimination if you are illegally forced out
If you feel your employer is trying to push you out, do not resign without speaking to an attorney. Resigning voluntarily could impact your ability to claim benefits and pursue legal action.
What to Do If You’re Being Pressured to Resign
If you are facing pressure to quit after a work injury, follow these steps to protect your rights:
1. Document Everything
Keep a detailed record of all conversations, emails, and actions taken by your employer. Note any instances of retaliation, threats, or misleading statements about your workers’ comp benefits.
2. Do Not Sign Anything Without Legal Advice
Employers may offer a severance agreement or voluntary resignation package in an attempt to limit their liability. These agreements often include clauses that prevent you from filing future claims. Consult a workers’ compensation attorney before signing any documents.
3. Continue Medical Treatment
Even if you are no longer working, you are still entitled to medical care under California workers’ compensation laws. Ensure you continue treatment with an approved workers’ comp doctor and follow all medical recommendations.
4. File a Retaliation or Discrimination Claim
If your employer is retaliating against you for filing a claim or refusing to accommodate your medical condition, you may have grounds for a legal claim. You can file a complaint with the California Labor Commissioner’s Office or the Department of Fair Employment and Housing (DFEH).
5. Contact a Workers’ Compensation Attorney
Navigating a workers’ comp case while dealing with employer pressure can be overwhelming. A skilled California workers’ compensation lawyer can help you understand your rights, file the necessary claims, and fight back against unfair treatment.
At Laguna Law Firm, we specialize in protecting injured workers. Call us today at (949) 594-2090 for a free case evaluation.
Can You Get Workers’ Compensation Benefits After Resigning?
Yes, resigning does not automatically disqualify you from receiving workers’ compensation benefits. However, it can impact your case in certain ways:
- Medical Benefits: You are still entitled to medical treatment for your injury.
- Temporary Disability Benefits (TTD): If you were forced to resign due to your medical condition, you may still qualify for wage replacement benefits.
- Permanent Disability Benefits (PD): If your injury results in a permanent impairment, you may still be eligible for compensation.
- Job Displacement Benefits: If you cannot return to your previous job due to your injury, you may qualify for a Supplemental Job Displacement Benefit (SJDB) voucher to pay for retraining.
However, resigning without legal guidance could weaken your case, making it harder to prove your employer’s wrongdoing. Speak to a workers’ comp attorney before making any decisions.
How Laguna Law Firm Can Help
At Laguna Law Firm, we have a deep understanding of California workers’ compensation laws and how to handle cases where injured workers are forced out of their jobs. Our legal team will: ✅ Investigate whether you were illegally forced to resign ✅ Help you secure your workers’ compensation benefits ✅ File a wrongful termination or retaliation claim if necessary ✅ Represent you in negotiations and court proceedings ✅ Ensure you get the maximum compensation you deserve
You don’t have to face this alone. Call (949) 594-2090 today for a free consultation or visit lagunalawfirm.com to learn more about your legal rights.
Final Thoughts
If you’ve been injured at work and feel like your employer is forcing you to resign, don’t panic—you have legal options. California law protects injured workers from retaliation and wrongful termination, ensuring you can receive the benefits and accommodations you need.
Before making any decisions, talk to a workers’ compensation attorney who can guide you through the process and protect your rights. Laguna Law Firm is here to help—contact us today at (949) 594-2090 for a free case review.
Your job and your future matter—don’t let your employer take them away.
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