You filed a workers’ compensation claim after getting hurt on the job. Then your employer fired you, cut your hours, demoted you, or made your work life so miserable that you had no choice but to quit. If this happened to you, your employer may have violated California Labor Code section 132a— one of the strongest anti-retaliation protections in the country for injured workers.
At Yazdchi Law P.C., board-certified specialist Eman Yazdchi has handled numerous Labor Code 132a claims alongside the underlying workers’ compensation cases. This guide explains what retaliation looks like, what the law requires, and what remedies are available to you.
What Is Workers’ Compensation Retaliation?
Workers’ compensation retaliation occurs when an employer takes adverse action against an employee because the employee filed (or intends to file) a workers’ comp claim. California Labor Code section 132a makes it a misdemeanorfor an employer to discriminate against an employee for exercising their right to file a claim, testify in another worker’s proceeding, or receive workers’ comp benefits.
The statute applies broadly. It protects not only employees who have already filed claims but also those who have merely reported an injury or expressed intent to seek benefits.
Elements of a Labor Code 132a Claim
To prevail on a 132a claim before the Workers’ Compensation Appeals Board (WCAB), you must prove:
1. You Filed or Intended to File a Workers’ Comp Claim
The protected activity is filing a claim, reporting an injury, seeking medical treatment for a work injury, or testifying in a workers’ comp proceeding. You do not need to have formally filed a DWC-1 form — simply reporting the injury to your supervisor can be sufficient.
2. Your Employer Took Adverse Action Against You
Adverse action includes any action that negatively affects the terms or conditions of your employment. Common examples include:
- Termination — Fired outright after filing the claim
- Demotion — Moved to a lower position with less pay or responsibility
- Reduction in hours — Hours cut significantly after the injury
- Transfer — Reassigned to a less desirable position or location
- Hostile work environment— Subjected to harassment, isolation, or increased scrutiny after filing the claim
- Constructive termination— Conditions made so intolerable that you are forced to resign
- Refusal to accommodate— Failure to provide modified or light-duty work when available
- Negative performance reviews— Sudden poor evaluations that did not exist before the injury
3. A Causal Connection Between the Claim and the Adverse Action
You must show that the adverse action was motivated, at least in part, by your workers’ comp claim or injury. This is often proven through circumstantial evidence:
- Timing: The closer the adverse action is to the claim filing, the stronger the inference of retaliation. Being fired the week after filing a claim is highly suspicious.
- Pattern: Were other employees treated similarly? If you are the only employee terminated after filing a claim, the pattern supports retaliation.
- Pretextual reasons:Did the employer give a reason that doesn’t hold up? For example, claiming “performance issues” when you had strong reviews before the injury.
- Comments or statements: Any remarks by supervisors or managers expressing frustration about the claim, the injury, or the cost of accommodating you.
132a Is Decided at the WCAB, Not Civil Court
Unlike many employment discrimination claims that are filed in civil court, Labor Code 132a claims are heard by the Workers’ Compensation Appeals Board. This has several practical implications:
- The case is heard by a WCALJ (workers’ comp judge), not a jury
- The standard of evidence is “preponderance of the evidence” — you must show it is more likely than not that retaliation occurred
- Discovery is more limited than civil litigation but still allows subpoenas, depositions, and document requests
- The 132a claim is typically litigated alongside the underlying workers’ comp case
Remedies Under Labor Code 132a
If you prevail on a 132a claim, the WCAB can order the following remedies:
Reinstatement
The employer can be ordered to reinstate you to your former position. While reinstatement is sometimes impractical (especially if the employment relationship has completely broken down), the right to reinstatement gives you leverage in settlement negotiations.
Lost Wages and Benefits
You are entitled to back pay for all wages and benefits lost as a result of the discriminatory action. This includes base pay, overtime, health insurance, retirement contributions, and other employment benefits from the date of the adverse action through the date of resolution.
Increased Compensation (Up to $10,000)
Labor Code section 132a provides for increased compensation of up to $10,000 as a penalty against the employer. This is in addition to lost wages and is intended to deter employers from retaliating against injured workers.
Costs and Expenses
The employer may be ordered to pay your reasonable costs and expenses incurred in bringing the 132a claim, including attorney’s fees associated with the retaliation portion of the case.
Documenting Retaliation: What You Should Do
If you suspect your employer is retaliating against you for filing a workers’ comp claim, take these steps immediately:
1. Keep a Written Record
Document everything in writing — dates, times, what was said, who was present. Send follow-up emails to create a paper trail. If your supervisor tells you something verbally that feels retaliatory, follow up with an email: “Per our conversation today, you informed me that [specific action]. Please confirm.”
2. Save All Employment Documents
Keep copies of your performance reviews (especially pre-injury reviews showing good performance), pay stubs, schedules, job descriptions, and any written communications from your employer about your claim or work status.
3. Report the Retaliation in Writing
If your company has an HR department, report the retaliation in writing. This creates a record that the employer was put on notice and chose not to correct the behavior.
4. Do Not Resign Impulsively
If your employer is making your work life difficult to pressure you into quitting, do not resign without first consulting an attorney. Quitting can complicate your 132a claim, though it does not necessarily defeat it if you can prove constructive termination.
5. Contact a Workers’ Comp Attorney Immediately
Retaliation claims have time limitations and require prompt action. The sooner you involve a workers’ comp retaliation attorney, the better your chances of preserving evidence and building a strong case.
132a and Other Legal Remedies
Labor Code 132a is not your only option. Depending on the facts, you may also have claims under:
- FEHA (Fair Employment and Housing Act)— Disability discrimination, failure to accommodate, failure to engage in the interactive process
- Labor Code section 6310— Retaliation for reporting unsafe working conditions (OSHA complaints)
- Wrongful termination in violation of public policy— A civil lawsuit for damages including emotional distress and punitive damages (not available under 132a)
A board-certified specialist will evaluate all potential claims and advise you on the best combination of remedies for your situation. Contact Yazdchi Law P.C. for a free consultation about your retaliation claim.