Employer Misconduct

It is unfortunate for an employee to sustain an injury due to employer misconduct. Thus, the law provides that an employer can be held liable for permanent/temporary disability, medical/vocational rehabilitation benefits if proven to cause injury to an employee due to a serious or willful misconduct.

The California Supreme Court decides that the culpable employer who exercises serious and willful misconduct should shoulder the additional benefit for the aggrieved employee from his/her own funds.

In Case of an Employer Misconduct

Should you need to quit your work due to your employer’s misconduct, do it the right way:

• Confront your boss or supervisor. Give initial verbal warning then follow up with a written one. Be sure to document it.


• Inform your co-employees about the misconduct or always stay company with others as they can serve as vital witnesses.


• It is best to document everything no matter how insignificant you think it is.


• If you heard similar employer misconduct from your co-workers, add them to your list. Be very discreet when verifying their story.


• Exhaust all remedies. Use company procedures in resolving disputes. In case of inaction, you may pursue a claim against the concerned individual.

While violation of the company rule often results to misconduct, a violation by itself is not misconduct. It will only be considered misconduct if:

• The rule violated is reasonable;
• The claimant-employee knows the rule; and
• The violation is wanton and willful.

Seeking Legal Assistance

Proving employer’s misconduct can be difficult because malicious, vicious and cruel behaviors are intentionally hidden from the rest of the employees. Thus, you will need expert legal advice and assistance.

Our Los Angeles employment attorneys will help uncover these hidden misconducts. We will gather evidence and vital information to prove that your employer is guilty of a serious and willful misconduct.

Seek the help of our highly-skilled attorneys and we will ensure that all legal conditions are observed in your case. Call us through our toll free hotline or fill-out our free case analysis form. We pledge to keep it confidential.