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Filing A Labor Code 132a Retaliation Claim In California
As an employment attorney representing workers throughout California, I’ve handled many cases involving employer retaliation after a workplace injury. If you were hurt on the job and believe your employer treated you unfairly because you filed a workers’ compensation claim, you may have the right to file a retaliation claim under California Labor Code § 132a. This section of the law exists to protect injured employees from being punished or discriminated against for exercising their rights.
Retaliation after a work injury can take many forms. Sometimes it’s as direct as a demotion, termination, or reduction in hours. Other times, it may be more subtle—such as being passed over for promotions, moved to less favorable shifts, or harassed by supervisors. If these actions are connected to your injury claim, California law allows you to pursue compensation and job reinstatement. Filing a Labor Code 132a claim is a separate process from your workers’ compensation case, and it’s important to understand what to expect.
Understanding California Labor Code § 132a
California Labor Code § 132a prohibits employers from discriminating against employees who are injured on the job or who file for workers’ compensation benefits. The law specifically states that it is unlawful for any employer to “discharge, threaten to discharge, or in any manner discriminate against any employee because he or she has filed or made known his or her intention to file a claim for compensation.”
This law also extends to employees who testify in workers’ compensation proceedings or who assist co-workers with their claims. The goal is to encourage injured workers to seek benefits without fear of retaliation.
If your employer violates this section, the Workers’ Compensation Appeals Board (WCAB) may order:
- Reinstatement to your prior position
- Reimbursement for lost wages
- A penalty of up to $10,000, paid directly to you
This is in addition to any other benefits you may be entitled to under the workers’ compensation system, including medical care and temporary or permanent disability payments.
Examples Of Retaliation Covered Under Labor Code § 132a
Some common examples of conduct that could support a 132a retaliation claim include:
- Firing you shortly after you file a claim
- Refusing to accommodate medical restrictions
- Reducing your hours or pay without cause
- Reassigning you to less desirable duties or locations
- Harassing or intimidating you for taking medical leave
- Pressuring you not to file a claim or to drop one that’s already been filed
The key issue is proving that your employer’s adverse action was motivated by your workers’ compensation activity. Timing and documentation often play a crucial role in building a strong case.
How To File A 132a Claim In California
A 132a claim must be filed with the WCAB, not with the superior court. This is part of the workers’ compensation process, even though it deals with employer conduct rather than medical or disability benefits.
To file a Labor Code 132a claim:
- We begin by filing a Petition for Increased Compensation Under Labor Code § 132a.
- This petition is filed with the same WCAB office handling your workers’ compensation case.
- You must file the petition within one year from the date of the discriminatory act (such as termination or demotion), as required by California Labor Code § 132a(4).
Because this is a legal proceeding, we prepare the claim thoroughly with supporting evidence, witness statements, and documentation of the employer’s actions and the timeline of your injury and claim.
The Importance Of Documentation And Legal Representation
Employers rarely admit to retaliating against injured workers. That’s why evidence is critical. We gather performance reviews, pay stubs, internal communications, and testimony from co-workers when available. We also obtain your workers’ compensation file to show the timeline of your injury and claim.
These cases can be difficult to prove without strong legal support. Employers often try to justify their actions with unrelated performance issues or restructuring. As your attorney, I work to challenge these defenses with facts and legal arguments that support your position.
Frequently Asked Questions About Labor Code 132a Retaliation Claims
What Is The Deadline For Filing A Labor Code 132a Claim In California?
You must file your 132a claim within one year of the discriminatory act. That means one year from the date of your termination, demotion, or other negative employment action. Missing the deadline can permanently bar your claim, so it’s important to act quickly if you suspect retaliation.
Can I File A 132a Claim Even If My Workers’ Compensation Claim Was Denied?
Yes. You are protected under Labor Code § 132a regardless of whether your injury claim is ultimately approved or denied. What matters is that you engaged in a protected activity—filing or intending to file a claim—and your employer took action against you because of it.
Do I Need To Prove That Retaliation Was The Only Reason I Was Fired Or Demoted?
No. You do not need to prove that retaliation was the only reason. You must show that your workers’ compensation activity was a contributing factor. If we can demonstrate that your claim played a part in the employer’s decision, the WCAB may rule in your favor.
What Can I Recover If I Win My 132a Claim?
You may be entitled to reinstatement, recovery of lost wages, and a $10,000 penalty paid to you by your employer. These remedies are in addition to your regular workers’ compensation benefits for medical care and disability. In some cases, we may also explore whether you have a separate wrongful termination claim under California law.
Is A 132a Claim The Same As A Wrongful Termination Lawsuit?
No. A 132a claim is a separate process under the workers’ compensation system and is handled by the WCAB. A wrongful termination lawsuit, on the other hand, is filed in civil court and may involve additional claims under California’s Fair Employment and Housing Act or other state labor laws. Depending on the facts of your case, you may have both claims available.
Can My Employer Retaliate Against Me Again For Filing A 132a Claim?
Retaliation for filing a 132a claim is itself unlawful. If your employer takes further action against you for asserting your rights, you may have additional claims under California labor laws. We take every step necessary to protect you from ongoing retaliation and hold your employer accountable.
Call Our Workers’ Compensation Attorneys in Riverside & Bernadino Counties
If you believe your employer has retaliated against you for filing a workers’ compensation claim or reporting a job-related injury, we can help you file a Labor Code § 132a retaliation claim. At the Law Office of Joseph Richards, P.C., we represent workers across California who are standing up for their rights—and we take that responsibility seriously.
Contact our Riverside County workers’ compensation attorney at the Law Office of Joseph Richards, P.C. by calling (888) 883-6588 to receive your free consultation. We offer free consultations, and we’re ready to help you protect your job, your rights, and your future.