California Labor Code 132a
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Your Guide to California Labor Code 132a. What Every Injured Worker Should Know!
California Labor Code 132a safeguards injured workers from retaliation. Discover your rights, remedies, and how to take action if your employer violates the law. Protect yourself - act now.
California Labor Code Section 132a is a law aimed at protecting employees who have sustained workplace injuries. This section of the Labor Code prohibits discrimination against employees who have filed workers’ compensation claims or experienced injuries on the job. By addressing potential retaliation or unfair treatment, Labor Code 132a ensures that injured workers can seek compensation without fear of negative consequences from their employers.
Consider our client, who suffered a debilitating workplace injury, only to face denial and resistance from their employer when seeking rightful compensation. This not only caused significant physical and emotional distress but also left them struggling to support their family during an already challenging time.
Their employer not only attempted to deny their workers' compensation claim but also retaliated by reducing their hours and creating a hostile work environment. Feeling helpless and overwhelmed, our client turned to us for assistance. We immediately took action, filing a claim under Labor Code 132a to hold the employer accountable for their discriminatory behavior.
Through diligent representation, a consumer protection attorney at our firm helped to secure the compensation they deserved, including reimbursement for lost wages, medical expenses, and damages for the emotional distress caused by the employer’s actions. More importantly, our efforts reinforced the principle that no worker should face retaliation for seeking the benefits they are legally entitled to after a workplace injury.
Labor Code 132a is not just a law - it’s a safeguard for employees facing adversity, ensuring that justice is served, and workers' rights are protected.
What Does the Law Say?
Labor Code Section 132a protects injured employees from retaliation for seeking workers' compensation.
California Labor Code 132a states that employers are prohibited from discriminating against employees who are injured in the workplace or who file workers’ compensation claims. The law explicitly states that retaliation, termination, or any adverse action related to an injury or claim is unlawful. Employers who violate this code may face legal consequences, including penalties and orders to reinstate the employee or compensate them for damages.
Okay, But What Does That Really Mean?
Let's Break it Down!
Legal Considerations
Under Labor Code 132a - California, “discrimination” encompasses a broad range of actions, including termination, demotion, reduced hours, denial of promotions, or even hostile work environments created due to a worker’s injury or workers’ compensation claim. To enforce these protections, California provides a pathway for injured employees to file a complaint with the Workers’ Compensation Appeals Board (WCAB).
Elements (132a Labor Code)
To prove a violation of Labor Code 132a, an employee typically needs to establish the following elements:
- Employment Status: The individual must be an employee of the company accused of discrimination.
- Protected Activity: The employee engaged in a protected activity, such as filing a workers’ compensation claim or reporting a workplace injury.
- Adverse Action: The employer took adverse action against the employee, such as termination, demotion, or other forms of retaliation.
- Causation: There must be a clear connection between the protected activity and the adverse action taken by the employer.
Other Critical Employees’ Laws
California Labor Code 132a does not operate in isolation. Employees are also protected under other laws such as:
California Fair Employment and Housing Act (FEHA)
Prohibits discrimination based on disability, which can include workplace injuries.
Family and Medical Leave Act (FMLA)
Entitles eligible employees to take leave for serious health conditions, including those arising from workplace injuries.
Americans with Disabilities Act (ADA)
Requires employers to provide reasonable accommodations to employees with disabilities, including those resulting from workplace injuries.
CA Labor Code 132a in 60 Seconds
California Labor Code 132a is all about safeguarding injured workers.
If you’re hurt on the job and file a workers’ compensation claim, your employer can’t retaliate against you. The law provides protection, and if your employer violates it, you may be entitled to compensation. It’s designed to ensure you can focus on recovery without worrying about job security or unfair treatment.
Employees’ Rights
Under Labor Code 132a, employees have the right to:
- File a workers’ compensation claim without fear of retaliation.
- Be treated fairly and equally, regardless of workplace injuries.
- Seek reinstatement if terminated in violation of the law.
- Recover back pay and other compensation for losses caused by employer retaliation.
- File a claim with the WCAB to challenge discriminatory actions.
What is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job. In California, these benefits may include medical treatment, temporary or permanent disability payments, and vocational rehabilitation services. Workers’ compensation aims to help employees recover and return to work without bearing the financial burden of their injuries.
Penalties for Ignoring the Law
Employers who violate California Labor Code 132a face significant penalties, including:
| Penalty | Description |
|---|---|
| Reinstatement | Employers may be ordered to restore employees’ positions who are wrongfully terminated or demoted. |
| Back Pay | Compensation for lost wages due to employer retaliation. |
| Increased Benefits | Employees may receive additional compensation or penalties equal to 50% of the value of benefits denied, up to $10,000. |
| Attorney’s Fees | Employers may be required to cover the employee’s legal costs. |
| Criminal Charges | In severe cases, employers may face misdemeanor charges. |
Contact an Attorney for Help!
Navigating the complexities of the legal world can be overwhelming, especially since Labor Code 132a statute of limitations is in place. This means you have 1-year from the date you were terminated or when the discriminatory act occurred to file suit.
Therefore, if you believe your rights as an injured employee have been violated, consulting with an experienced workers’ compensation attorney is critical.
A California employment lawyer can help you understand your legal options, gather evidence, and file a claim to get you the maximum amount of Labor Code 132a damages (money) you are owed.
By Phone: +18667306263
Via Email [email protected]
By visiting our office in LA: 16130 Ventura Blvd Suite 300, Encino, CA 91436
Frequently Asked Questions
Yes, an employer can defend against a 132a claim by demonstrating that their actions were not discriminatory or retaliatory. Employers may argue that the adverse action was unrelated to the employee’s injury or workers’ compensation claim. For example, they might present evidence showing that the decision to terminate or demote the employee was based on performance issues, company policy violations, or financial constraints unrelated to the claim. Additionally, if the employer can prove they provided reasonable accommodations or acted in compliance with the law, this may weaken the employee’s case. Employers often rely on thorough documentation of employment actions and seek legal representation to ensure they meet their burden of proof in these cases.
Workers who experience discrimination or retaliation under California Labor Code 132a may pursue various remedies. These include reinstatement to their former position if wrongfully terminated, recovery of lost wages, and reimbursement for medical costs and attorney’s fees. Victimized employees may also be entitled to compensation for emotional distress caused by the employer’s actions. Additionally, employers could be ordered to pay increased workers’ compensation benefits, often up to 50% more, with a cap of $10,000. In some cases, penalties or fines may also be levied against the employer. Filing a claim with the Workers’ Compensation Appeals Board (WCAB) is a critical step in securing these remedies and ensuring accountability for unlawful practices.
Yes, an employee can pursue claims under both workers' compensation and Section 132a simultaneously. Workers' compensation addresses benefits such as medical treatment and disability payments, while a 132a claim specifically targets discriminatory or retaliatory actions related to workplace injuries or claims. These are distinct but complementary avenues of legal recourse. However, employees must file the 132a claim through the Workers’ Compensation Appeals Board (WCAB) rather than a civil court. It’s important to note that while workers' compensation is a no-fault system, proving a 132a violation requires showing intentional discrimination or retaliation. Pursuing both claims allows injured employees to address their immediate needs and hold employers accountable for any additional unlawful conduct.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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