Know Your Rights — and How to Fight Back
You were injured on the job. You did everything right — you reported the injury, you filed your workers’ compensation claim, and you expected the system to protect you. Then your employer changed.
Suddenly you’re getting written up for things that never mattered before. Your hours got cut. Your supervisor won’t speak to you. Or worse — you got fired.
If any of this sounds familiar, you may be the victim of employer retaliation. And in California, that is illegal.
What Is Employer Retaliation?
Under California Labor Code Section 132a, it is illegal for an employer to discriminate against, terminate, threaten, or otherwise penalize an employee in any way because that employee filed — or even intended to file — a workers’ compensation claim.
The law is broad by design. Retaliation does not have to take the form of outright termination. It covers any adverse action that a reasonable employee would find discouraging about exercising their legal rights.
| Common Forms of Retaliation in the Workplace |
| • Termination or layoff after filing your claim |
| • Demotion or reduction in job duties |
| • Unexplained cut in hours or pay |
| • Sudden negative performance reviews after years of clean records |
| • Refusal to provide light-duty or modified work |
| • Hostile treatment or harassment by supervisors or management |
| • Being passed over for promotions or raises |
| • Threats, intimidation, or pressure to drop your claim |
| • Being forced to resign (constructive termination) |
California Labor Code Section 132a: Your Shield
Section 132a is one of the most powerful protections available to injured workers in California. Here is what it provides:
- Increased compensation: If your employer retaliates against you, you may be entitled to an additional 50% of your workers’ compensation benefits — up to $10,000 — plus reimbursement for lost wages and work benefits.
- Reinstatement: In many cases, you are entitled to be restored to your former position.
- Costs and expenses: The employer may be ordered to pay your legal costs and expenses.
A 132a petition is filed directly with the Workers’ Compensation Appeals Board (WCAB). It runs parallel to your injury claim and can significantly increase the value of your case.
Timing Is Critical — Act Immediately
A 132a petition must be filed within one year of the retaliatory act. This deadline is firm. If you wait too long, you permanently lose this avenue of recovery.
The clock starts running the moment the adverse action occurs — the day you were fired, the day your hours were cut, the day you received that unexplained write-up. Do not wait to see how things develop. Consult an attorney now.
| Warning Signs That Retaliation May Be Occurring |
| • Your treatment at work changed noticeably after you reported your injury |
| • You received discipline that seems inconsistent with how coworkers are treated |
| • Your employer expressed frustration or anger about your injury claim |
| • You were told (directly or indirectly) that your job was at risk because of the claim |
| • You were pressured to return to full duty before you were medically cleared |
| • You were fired while on temporary disability or receiving medical treatment |
Proving Retaliation: What We Look For
Retaliation cases require connecting the dots between your workers’ compensation claim and the adverse action your employer took. As an attorney with over 30 years of experience and a PharmD background that sharpens analytical thinking, I look for:
- Timing: Did the adverse action happen shortly after you filed your claim or returned from leave?
- Inconsistency: Are you being treated differently from coworkers in similar situations who did not file claims?
- Statements: Did any supervisor or manager say anything that suggests your injury was the reason for the action?
- Pattern: Has this employer done this to other injured workers?
- Documentation: Personnel records, emails, texts, and witness accounts all matter.
Even if your employer claims a legitimate reason for the termination or demotion, we can challenge that reason if the evidence shows that your workers’ compensation claim was a substantial factor in the decision.
What About Employment Law? Can I Sue My Employer?
This is one of the most important questions injured workers ask. California workers’ compensation is generally the exclusive remedy for workplace injuries — meaning you cannot separately sue your employer for causing the injury itself. However, retaliation is different.
In addition to the 132a petition at the WCAB, retaliatory termination may also give rise to a civil wrongful termination lawsuit under California’s Fair Employment and Housing Act or other statutes, particularly if the retaliation involved discrimination based on a protected category (disability, for example).
My role is workers’ compensation. If your situation also warrants an employment law claim, I can refer you to a trusted colleague so that all of your legal rights are protected simultaneously.
What You Should Do Right Now
If you believe your employer has retaliated against you for filing a workers’ compensation claim, here are the most important steps:
- Document everything immediately. Write down dates, times, names, and exactly what was said or done. Save any emails, texts, or written notices.
- Do not resign. A resignation can complicate your legal rights. If your employer is making your work life unbearable, that may constitute constructive termination — but speak with an attorney before you walk away.
- Do not sign anything. Your employer may ask you to sign a separation agreement or release. Do not do so without legal counsel.
- Continue following your medical treatment plan. Gaps in treatment can hurt both your injury claim and your retaliation case.
- Contact an attorney as soon as possible. The one-year statute of limitations on a 132a petition is real, and waiting costs you options.
You Have Rights. We Will Defend Them.
Over my 30-year career representing injured workers exclusively in California workers’ compensation, I have seen employers try to intimidate workers into silence. The law was written precisely to stop that.
At the Law Offices of Dr. Peter M. Schaeffer, we represent injured workers throughout the Inland Empire — Riverside, San Bernardino, Moreno Valley, Fontana, Ontario, and surrounding communities. We handle cases on a contingency basis, which means you pay nothing unless we win.
You were hurt doing your job. Your employer’s response should have been support — not punishment. If it was not, we are ready to fight for you.
| Your Job. Your Rights. Your Future.
If your employer has punished you for filing a workers’ compensation claim, you have powerful legal options. The Law Offices of Dr. Peter M. Schaeffer has fought for injured workers in the Inland Empire for over 30 years. Call (951) 275-0111 | Toll-Free (888) 789-6614 | pslaw.com 6820 Indiana Ave., Suite 275, Riverside, CA 92506 “We Will Get You the Treatment You Need and the Money You Deserve” |
This blog post is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our office for a free consultation