When an employee who suffers an adverse employment action (wrongful termination, employer demotion, discriminatory act, constructive discharge, transfer, etc.) after a workplace injury, worker’s compensation counsel often file a California Labor Code 132a claim, alleging that the adverse employment action was a result of the employee bringing a worker’s compensation action.

Under Labor Code 132a, employers are legally prohibited from taking adverse action against a worker who files or intends to file workers’ compensation claims. While Labor Code 132a may appear straightforward on the surface, it is a complicated, nuanced regulation.

Labor Code § 132a states, in pertinent part:

 “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.

(1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer…”