This is a common situation. An employee is injured on the job and after reporting the injury, the employee is issued one or several warnings or is placed on a Performance Improvement Plan (PIP). This is often the employer’s way of “legally” terminating the employee. 

If the warning or PIP are not for legitimate reasons (for example, conduct that was previously permitted or conduct that other employees engage in but are not similarly reprimanded for), then the warnings or PIP may be retaliation – in other words, illegal. 

On the other hand, if the employee already had previous warnings for the same or similar reasons (for example, attendance or errors), then the warning or PIP may be for legitimate reasons – in other words, legal.

Because these situations are extremely fact specific, it is important to speak to an experienced employment attorney about your situation to determine if you have a case. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice, nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.