May we continue with our plans to terminate an employee who filed a workers’ compensation claim the day before the scheduled termination?

Although an employee who files a workers’ compensation claim is not “bullet proof” from discipline, it is not always a good idea to terminate the employee even if the company holds itself out as employing workers “at will.”

Labor Code Section 132a specifically protects employees who file workers’ compensation claims, stating that employers may not discharge, threaten or discriminate against an employee who has brought a workers' comp claim. Violators may be subject to financial penalties and to reinstate the employee and reimburse them for lost benefits and wages.

Notwithstanding these restrictions, there are times an employer can assert a “business