According to the California Labour Code 132a, it's unlawful for an employer to terminate or discriminate against an injured employee as a consequence of filing a workers compensation claim. According to this statute, any employer who discriminates or terminates an injured employee due to his/her injury commits a misdemeanor offense. If you are a victim of wrongful termination in Los Angeles, CA, The Workers Compensation Lawyer Law Firm can assist. We will review your case and provide the best legal advice. A wrongfully terminated worker can recover increased workers' compensation benefits, reinstatement to work, and recovery of the lost wages. 

California Law on Wrongful Termination 

California law seeks to shield injured employees by making it illegal for an employer to terminate or discriminate against workers injured at the workplace. Even if a worker files a workers' compensation claim, the employer should not discriminate against them on this basis. The California Labor Code Sec 132a outlines the wrongful termination laws. The common term for discrimination in workers' compensation is 132a claim. An employer should not discharge, threaten, or discharge an employee who: 

  • Files or makes known their intention of filing a workers' compensation claim
  • Applies to adjudication
  • Receives an award, rating, or workers compensation settlement

An employer who discriminates or terminates an employee based on the factors outlined above will be guilty of discrimination. Because of the employer's actions, the injured worker can receive: 

  • Higher workers' compensation. However, the increase can't exceed $10,000
  • Compensation for expenses and costs not above $250
  • Reinstatement to employment from which the employee was terminated
  • Reimbursement of any lost work benefits or wages due to the employer's actions

You may inform your employer that you injured your arm while working. The employer persuades you to complete the remaining part of the shift. You also inform the employer that you intend to file a workers' compensation claim. However, at the completion of your shift, the boss accuses you of violating the company's policy and fires you. In this case, you can file a claim against your employer and accuse them of terminating you for informing them of your intention to file a workers' compensation claim. 

Employers aren't always supportive and understanding, even if every employee in California has a right to submit a claim after suffering injuries in the workplace to seek compensation. A workers' compensation claim may increase the company's workers' compensation premiums and disrupt work. This is why some employers fail to support their employers while filing a workers' compensation claim. 

How Section 132a Defines Discrimination 

Termination is only one of the many acts of discrimination that employers might take against employees who file workers' compensation claims. Other seemingly innocent actions that employers take may qualify as discrimination. For instance, it would be a violation of the California Workers' compensation laws for an employer to: 

  • Instruct injured employees to use their vacation time to attend medical appointment instead of granting them paid sick leaves
  • Reducing a worker's salary due to their reduced productivity as a result of the injury suffered in the place of work
  • Refusing to put the injured employee in the list of qualified for rehire workers
  • Demoting or reducing the injured worker's seniority in the workplace

If an employer makes a decision that affects all employees equally, they can avoid charges based on workers' discrimination. For a wrongful termination or discrimination charge to apply, a worker must prove that their employer treated them distinctively from other workers without injuries. An employer will not face wrongful termination charges if they lay off a worker due to: 

  • Failing to adhere to the rules or failing to work within their permanent work requirements.
  • Laying off the employee due to incompetence at the workplace.
  • Eliminating an employee's position due to adverse economic conditions.

You may suffer a neck injury in the workplace. You undergo treatment, but the doctor doesn't state whether you are ready to resume work. Your employer refuses to allow you to resume work without clearance from your doctor. If you file a case against your employer for wrongful termination, the charges may not hold. In this case, the employer can point out that they didn't treat you differently from how they would have treated any other workers with an out-of-work injury. No worker is allowed to report back to duty after an injury without a doctor's valid clearance. Before reinstating an employee back to duty, an employer must be sure that they are medically fit to work. 

The law against wrongful termination and discrimination outlined by 132a claim is applicable to all workers irrespective of their rank or employment type. The law applies to government employees like firefighters and law enforcement officers and also applies to undocumented workers.

If an employer treats you in a way different from the way they treat other employees, they may be guilty of discriminating against you. The law allows employers to instruct their employees to use their sick leave while seeking work-related injuries. However, the employer must impose this requirement on all employees, including employees who suffer non-work-related injuries. 

Difference Between a 132a Claim and a Workers' Compensation Claim 

A 132a suit is more complicated and often treated differently from a workers' compensation claim. Usually, a workers' compensation claim resolves faster than a 132a claim. Every employer in California must have workers' compensation insurance. When a worker suffers an injury at the workplace, they file a claim, which is turned to the insurer. The injured employee will deal with the insurer. In some instances, the insurer may have a lawyer to represent in court if a dispute arises in the course of compensation. 

Because wrongful termination and discrimination are intentional wrongful acts by their employer, it isn't part of the insurance policy. Instead of dealing with the insurer, the injured staff will liaise directly with their employer. Because an employer might not have ample understanding of the 132a suit, they will hire their lawyer.

Therefore, in the case of a workers' compensation claim, the insurance company handles or defends the case on behalf of the employer. In the case of a 132a claim, the employer is on their own, but they may hire a lawyer to represent them.

Because your employer will probably hire a lawyer when you file a wrongful termination claim against them, you should also have a lawyer to represent you. You should not try to navigate the workers' compensation law on your own, especially if you don't have prior experience. An experienced workers' compensation lawyer has probably helped numerous employees to file a wrongful termination claim, and your case will be no different. You are more likely to win the case and go back to work when you seek the help of a workers' compensation lawyer. 

Filing a 132a Claim

How do you bring a 132a claim against your employer? You have to file a petition to bring a wrongful termination claim against your employer. You should obtain a blank petition filing 132a for injured employees from the Workers' Compensation Appeals Board. You can only file the 132a petition if you have already submitted a claim to seek your workers' compensation benefits. When filing a regular workers' compensation claim, you will use an Application for Adjudication. You have to adhere to the Department of Workers' compensation instructions regarding filing a workers' compensation claim. 

If you intend to file a 132a petition after a wrongful termination, you have to file the petition within a year from when the termination date. If you are filing the petition based on workplace discrimination related to workers' compensation, you should file the petition within a year from when you were discriminated against. You should always keep in mind that you can't submit a 132a claim before filing a workers' compensation claim. When you file a workers' compensation claim, you will get a case number you will use while filing the 132a suit. 

The Workers Compensation Appeal Board

The WCAB exercises its judicial powers granted by the Labor Code fairly and reasonably. Through opinions and regulations, WCAB provides leadership and guidance to the workers' compensation community. The WCAB is a seven-member judicial body that is appointed by the Governor. The Senate confirms the WCAB. The major functions of WCAB include:

  • To review petitions for reconsiderations of decisions regarding workers' compensation.
  • Handling appeals and reconsidering the decisions made by the administrative judges in the division of workers' compensation.
  • To regulate the adjudication process by adopting the applicable procedures and practices.

FEHA Claim and its Elements

California's FEHA is the law that prohibits workplace harassment and discrimination against employees. This law makes it illegal for employers to retaliate or discriminate against employees who exercise their FEHA rights. Retaliation often consists of wrongful employee termination, but it may also include other activities like demoting an employee, reducing their pay, or giving them undesirable tasks. For an employee to file a claim under FEHA, the following elements must be evident: 

  • The worker engaged in an activity protected under their FEHA rights.
  • Their employer demoted, discharged, or constructively terminated them or took detrimental employment action against them.
  • The worker's FEHA protected activity was a substantial factor motivating the employer to take adverse action against the employee.
  • The adverse action that the employer took against the employee was a substantial factor in causing harm to the employee.

132a Claim and FEHA Claim

If you have filed a 132a claim, you may also file a wrongful discharge claim or a FEHA claim. FEHA in California list several types of workplace discrimination. The 132a claim hearings occur at the WCAB. This same court handles the workers' compensation claims. However, you have to make a different claim in a civil court for wrongful discharge or FEHA. 

You have to prove the elements of wrongful discharge or FEHA separately from the components/elements of the 132a claim. Therefore, you can't file a 132a claim and label it a wrongful discharge or FEHA claim. Filing for wrongful discharge and FEHA claims could help you access a higher compensation than filing for a 132a claim. A 132a claim limits your damages or compensation to $10,000 together with lost wages. Some of the damages that you can assess through a FEHA claim are: 

  • Reinstatement to employment
  • The loss of future earning capacity
  • Past lost earnings
  • Emotional distress
  • Lawyer fees
  • Punitive damages

Your employer may prevail in a 132a claim, but this doesn't mean that they will also win the wrongful discharge or FEHA claim. However, if you get a monetary award after filing a 132a claim, the award could also be considered in the FEHA or wrongful discharge claim. 

You may suffer an injury while at work, and after treatment, you resume work only to be told that your injury prevents you from working and you get a wrongful termination. Instead of submitting a 132a claim, you decide to file a valid FEHA claim for discrimination. You have a chance of accessing more compensation under FEHA than you would access by filing a normal 132a claim. 

If your employer opposes your decision and claims that the only option available to injured workers is a 132a claim, this allegation may not hold. An employee has the right to file a valid FEHA claim, and they have to prove beyond doubt all the FEHA elements. Even if it might be hard for you to prove the elements of a FEHA claim, it's worth the effort because you can recover higher compensation in a FEHA claim than you would in a 132a claim. 

Employers Conceal Discrimination of Workers Under 132a

Discrimination of staff under 132a is never clear because most employers won't tell you that they are terminating you because of your injury. Instead, most employers give other justifications for termination and make them appear genuine and reasonable. However, after termination, you should consider the motive of your employer and take the necessary action. You should contact an experienced workers' compensation lawyer after termination. A lawyer will consider the circumstances surrounding the termination and advise you whether you should file a wrongful termination claim. 

The law is against any form of penalizing an employee for sustaining a work-related injury or for filing a workers' compensation claim concerning the injury. This employee protection extends further than the mere filing of a workers' compensation claim. An employer is guilty of retaliation or discrimination if they engage in any detrimental action against an employee because of the workplace injury. 

You should file a claim if you return to work from a sick leave only to find that your employer took away your seniority because of the time you spent away from work. In this case, the employer penalized you because of your injuries. This is enough proof that the employer engaged in discrimination or retaliation.

Reinstatement of Employees

Refusing to reinforce an employee to their former job after suffering a work-related injury is equivalent to firing the employee. However, in some instances, an employer's failure to reinstate an employee to their position isn't regarded as discrimination or wrongful termination. 

An Employee Suffers a Permanent Disability

The law doesn't require an employer to reinstate an employee to a job if they no longer can perform the job. For instance, if a worker suffers a permanent disability, an employer can point out that they assumed that they would not recover from the injury.

However, just because an employee's injury will impact their ability to perform a job doesn't justify the failure to reinstate an employee after an injury. The employer may have an obligation to accommodate the employee despite the disability caused by the work-related injury. However, this will depend on certain factors like the degree of impairment and the nature of work. 

The Employer No Longer Needs the Job

California law doesn't require an employer to reinstate an employer if the employee's position is no longer needed in the workplace. The employer doesn't have to keep a job position open indefinitely if they no longer need the services. At times, employers take advantage and mask a wrongful termination by claiming that their position is no longer needed in the organization. An employer may also conceal their ill intentions by claiming that it would be unsafe to reinstate the employee to their former position. In such cases, you can unmask your employer's discrimination by proving that the employer's allegations aren't valid or are false. 

Your employer may claim that they don't have any work you can perform in their organization without risking additional injuries. However, if you provide evidence from your doctor indicating that you can perform the job perfectly, you would have a valid reason to state that the employer is discriminating against you based on your injury. This assumption would hold unless the employer can prove with valid evidence that your disability doesn't allow you to perform the available work. 

Whether the employee is no longer capable of performing a job after an injury and whether the employee's position is no longer available is hard to determine. You can only resolve these questions by considering the specific details of a case. An experienced workers' compensation lawyer can help you determine the specific motive of the employer. 

Remedies for Retaliation

In addition to reinstatement to work, an employee should also receive compensation for lost wages and loss of work benefits due to the employer's retaliatory acts. The law may also require the employer responsible for discriminating against the injured employee to pay the penalty. The penalty involves giving the injured employee a 50% increase in their workers' compensation benefits with a limit of $10,000. 

It's worth noting that the employee is entitled to compensation even if they didn't suffer any financial loss because of the employer's actions. An employee may also access other remedies by filing a FEHA claim. They may also access further compensation for wrongful termination by filing a claim under California's common law.

Why You Need a Lawyer

Losing your job under any circumstances can be a stressful and traumatic experience. If your job termination is illegal and came through unfair circumstances of discrimination by your employer, you shouldn't let it go. If you have been wrongfully terminated in California, you can seek compensation for your losses. You have a right to compensation under both California and federal law. If you face an unlawful termination, you must contact an experienced lawyer as soon as you can. A lawyer will help you seek fair compensation for all your losses. Some of the roles of a lawyer are:

Helping You Determine If You Have a Case

You should only file a wrongful termination claim if your employer dismissed you under the unfair circumstance. However, if the employer did not discriminate against you but had reasonable ground to let you go, it may not qualify as wrongful termination. A lawyer will consider the circumstances under which the employer terminated you and determine whether you should file a claim. 

Assist in Filing a Claim 

Filing a claim against the employer is not easy because your employer will probably hire a lawyer to represent them. You need a qualified lawyer who can handle the employer on your behalf and fight for your rights. You need an experienced workers' compensation lawyer who understands all aspects of California's workers' compensation law. 

Deciding Whether to File a 132a or FEHA Claim

A lawyer will also help you determine whether you should file for a 132a claim or a FEHA claim. Filing for a FEHA claim can help you get higher compensation. However, you have to prove all the elements of FEHA get compensation. A lawyer will guide you through the process to ensure that you get the best possible outcome.

Find a Workers Compensation Lawyer Near Me

You should not despair after a wrongful termination in Los Angeles, CA. With the help of an experienced lawyer, you can file a claim against your employer to seek compensation. The Workers Compensation Lawyer Law Firm will help you file a claim. Contact us at 424-501-9228 and speak to one of our lawyers.