When Workplace Injuries Lead to Unfair Treatment in California

California workers rely on employment protections to ensure fair treatment after suffering an injury on the job. However, a recent appellate court decision highlights a significant gap in these protections, particularly regarding disability retirement benefits. The ruling raises critical questions about how far the law protects injured employees and what options remain when an employer refuses reasonable accommodations.

What Happens When an Employer Pushes an Injured Worker Out?

A harbor patrol officer sustained serious physical and psychiatric injuries while working, including post-traumatic stress disorder (PTSD). His psychiatrist determined he could not safely return to his job, and his employer indicated that retirement was his only choice. He applied for disability retirement benefits, but the employer rejected the application, citing insufficient documentation. The California Public Employees’ Retirement System (CalPERS) also denied the request. The employer then terminated his position, falsely claiming he had resigned.

The officer took his case to court, arguing that his employer violated California’s Fair Employment and Housing Act (FEHA) by denying him disability retirement benefits and wrongfully pushing him out of his job. The trial court ruled in favor of the employer, stating that he was not entitled to relief under FEHA because he could not perform his essential job duties, even with reasonable accommodations. The court affirmed this decision on appeal, concluding that disability retirement benefits do not qualify as a protected employment right under FEHA.

What This Decision Means for Injured Workers

The ruling clarifies a major legal distinction—FEHA protects employees from discrimination but does not guarantee disability retirement benefits. The court determined that these benefits act as income replacement, not as a condition of employment, meaning their denial does not count as an adverse employment action. This creates a harsh reality for employees who are too injured to work but do not meet the technical requirements for disability retirement.

For injured workers, this decision reinforces the importance of securing workplace accommodations before an employer forces them out. California law requires employers to engage in an interactive process to explore reasonable accommodations. If an employer refuses, pushes an employee toward resignation, or falsely claims the worker left voluntarily, that could form the basis of a wrongful termination or disability discrimination claim.

How Employees Can Protect Their Rights After a Workplace Injury

Knowing your rights is essential if a job-related injury leaves you unable to work. Employers must provide reasonable accommodations unless doing so would create an undue hardship. If an employer refuses accommodations, forces you out under pretenses, or retaliates against you for seeking disability benefits, you may have legal grounds for a claim.

Document every communication with your employer regarding your condition and their response. Keep copies of medical evaluations, requests for accommodations, and any written statements from your employer regarding your job status. If your employer pressures you to resign, denies your return to work without explanation or changes your reasoning for termination afterward, these could be red flags indicating wrongful termination or discrimination. Seeking legal guidance early can help prevent an employer from manipulating the situation in their favor. If your employer fails to follow California employment laws, holding them accountable may be necessary to protect your rights and financial stability.

Speak with an Employment Lawyer About Your Options

California employees deserve fair treatment, especially after suffering a workplace injury. If your employer has refused accommodations, misrepresented your employment status, or denied benefits you believe you are entitled to, you may have a case under state employment laws.

Call the Nourmand Law Firm, APC, today for a free consultation and take the first step toward asserting your rights.