In California, it is illegal for an employer to terminate an employee for filing a workers’ compensation claim, as protected by California Labor Code Section 132a. Workers’ compensation provides wage replacement and medical benefits to employees injured at work, and employers are prohibited from retaliating against employees for exercising this right. Wrongful termination in this context occurs when an employee is fired, demoted, or otherwise discriminated against for filing a workers’ compensation claim. Retaliation can include termination, demotion, harassment, or negative evaluations. If an employee believes they have been wrongfully terminated, they should document all relevant interactions, file a complaint with the California Division of Workers’ Compensation (DWC) and the Department of Fair Employment and Housing (DFEH), and seek legal advice to explore the possibility of a lawsuit. Remedies for wrongful termination may include reinstatement, back pay, damages, and attorney’s fees. For assistance, contact Eldessouky Law to protect your rights.
