For the post termination defense, your employer is denying liability for your injury because you complained of the injury after you left your job or were terminated or fired. Your employer will deny your case due to post termination defense. They are not responsible unless the employee , you, can prove certain conditions by preponderance of the evidence (more than 51%). L.C. Section 3600(a)(10). Psychiatric injury cases are governed by L.C. Section 3208.3(e).

If the employee can prove any of the following by preponderance of the evidence, their injury claim is not barred:

(A) If your employer had notice of the injury prior to your termination or layoff; or

(B) If you have medical records existing prior to the termination or layoff that contain evidence of the injury; or

(C) The date of the injury is after your notice of termination or layoff but prior to your actual last day of work; or

(D) The date of injury is subsequent to the date of notice of termination or layoff

For psychiatric injuries, the work even must have been the predominant cause of your psychiatric injury and 1) the injury was caused by “sudden and extraordinary event of employment,” or 2) the employer was aware of the injury before the notice of termination, or 3) evidence of the psychiatric injury is contained in medical records prior to the notice of termination, or 4) the trier of fact makes of finding of sexual or racial harassment, or 5) the date of injury was after notice of termination but before the effective date of termination.

The employer can still defend that your psychiatric injury was “substantially caused,” (35-40%)by a good faith personnel action, like a legitimate layoff. LC. Section 3208.3(h).