If an employee is terminated after filing a claim for compensation benefits, what are they entitled to?

Study for the California Workers Compensation exam. Use flashcards and multiple choice questions, each with hints and explanations. Be ready for your test!

An employee who is terminated after filing a claim for compensation benefits is entitled to reinstatement and reimbursement for lost wages and work benefits because such termination may be considered retaliatory. Under California law, employees are protected from retaliation for filing a workers' compensation claim. This legal framework is designed to ensure that employees can report workplace injuries and seek benefits without the fear of losing their job or facing other negative consequences.

When an employee files a workers' compensation claim, they are exercising their rights under the law, and terminating them for that reason could violate both the California Labor Code and public policy principles. If an employee can prove that their termination was directly linked to their claim for benefits, they may be entitled to remedies such as being reinstated to their previous position along with any lost wages during the period of unemployment, as well as benefits that might have been accrued during that time.

The other options do not align with this context. A severance package typically pertains to voluntary job loss rather than retaliatory termination. A new job position would not address the issue of wrongful termination related to filing a claim. Lastly, stating that the employee is entitled to no compensation at all contradicts protections against retaliatory practices in the workplace.

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