Can My Employer Fire Me for Filing a
Workers' Compensation Claim?
Labor Code section 132a protects employees who file workers’ compensation claims and prohibits an employer from discriminating against an employee who is injured in the course and scope of employment.
Labor Code section 132a punishes any employer who fires, or threatens to fire, or in any manner discriminates against an employee because he or she has filed or intends to file a workers’ compensation claim.
If you have been fired for filing or intending to file a workers’ compensation claim, you may have a right to file additional claims against your former employer for Wrongful Termination
The available remedies include job reinstatement and restoration of lost back pay and benefits.
You can initiate an additional Wrongful Termination and/or
Retaliation claim against your former employer by filling out a Labor Code 132a Petition Form.
A Labor Code 132a petition must be filed within one year of the discriminatory act or date you were fired.
A Labor Code 132a petition can only be filed if you have a pending Workers' Compensation Appeals Board (WCAB) case. The (WCAB) has exclusive jurisdiction over claims for workers’ compensation injuries.
Due to the technical nature of a Labor Code 132a petition, you may need legal advice.
For help, schedule an appointment today. We take pride in providing clear answers.
Our job is to protect your rights, plan a strategy for your case, gather information to support your claim, keep track of deadlines, and represent you in hearings before a workers’ compensation judge.