Getting injured on the job is stressful enough on its own. Discovering that filing a workers’ compensation claim has put your employment at risk makes an already difficult situation significantly worse. California law explicitly prohibits employers from discharging, threatening, or otherwise discriminating against employees for exercising their right to file a workers’ comp claim—and violations of this prohibition can give rise to a wrongful termination lawsuit separate from the workers’ comp case itself.
The Legal Prohibition Against Workers’ Comp Retaliation
California Labor Code Section 132a makes it unlawful for an employer to retaliate against an employee for filing or intending to file a workers’ compensation claim. This protection applies from the moment an employee is injured and reports the injury or signals an intent to file—not only after a formal claim has been submitted.
Retaliatory termination under 132a can take many forms beyond outright firing:
- Demotion or reduction in hours following an injury report
- Sudden negative performance reviews that did not exist before the injury
- Exclusion from shifts, projects, or opportunities given to non-injured coworkers
- Hostile treatment or pressure to resign after returning from a work-related injury
- Termination framed as a layoff or restructuring that suspiciously follows a claim filing
Recognizing the Signs of Retaliation
Employers rarely announce that a termination is connected to a workers’ comp claim. Retaliation is typically disguised as a performance issue, a business decision, or a policy violation. Red flags that suggest a retaliatory motive include:
- The termination occurred shortly after the injury was reported or the claim was filed
- Performance issues cited as justification arose for the first time after the injury
- Other employees with similar performance histories were not terminated
- The employer expressed frustration or made comments about the injury or claim prior to the termination
- The employee had a clean record and no prior discipline before the injury
Pursuing a 132a Claim and a Civil Lawsuit
A retaliation claim under Labor Code 132a is filed within the workers’ comp system and can result in increased compensation, reinstatement, and reimbursement of lost wages. However, California also allows employees to pursue a separate civil tort claim for wrongful termination in violation of public policy—a Tameny claim—which can recover broader damages including:
- Lost past and future earnings
- Compensatory damagesfor emotional distress
- Punitive damagesin cases of malicious employer conduct
- Attorney’s fees in some circumstances
These two avenues can be pursued simultaneously, and the civil claim is not limited by the caps that apply within the workers’ comp system.
If you were fired or otherwise penalized after reporting a workplace injury or filing a workers’ compensation claim, PLBH can help you understand your rights and pursue the remedies available to you. Call (800) 435-7542 to speak with a California employment attorney today.