510-257-4141
If you’ve been injured on the job, you have legal protections under California law. Employers cannot fire or retaliate against you for filing a workers’ compensation claim. If you’re facing retaliation or wrongful termination after a workplace injury, you may be entitled to compensation and job reinstatement.
At Franco Munoz, we fight for injured workers’ rights and ensure that employers are held accountable when they violate the law.
California Labor Code Section 132a: Protection Against Retaliation
Under California Labor Code Section 132a, it is illegal for your employer to discriminate, retaliate, or terminate you for:
✅ Sustaining a workplace injury
✅ Filing a workers’ compensation claim
✅ Testifying in a co-worker’s workers’ compensation case
If your employer violates this law, you can file a 132a petition with the Workers’ Compensation Appeals Board (WCAB) to recover up to $10,000 in damages and request reinstatement to your job.
Can You Be Fired While on Workers’ Compensation?
No. Your employer cannot fire you simply for filing a workers’ compensation claim. However, employers can still terminate employees for valid reasons unrelated to their injury, such as company layoffs or documented performance issues.
If you suspect your termination was retaliatory, speak with a workers’ compensation attorney immediately. You may have a claim for wrongful termination under California labor laws.
Family and Medical Leave Protections: FMLA & CFRA
If your work injury results in a serious medical condition, you may also be protected under:
- The Family and Medical Leave Act (FMLA)
- The California Family Rights Act (CFRA)
These laws require employers with 50+ employees to provide up to 12 weeks of unpaid job-protected leave for qualifying medical conditions. This means your employer cannot fire you during this leave period.
Disability Protections: ADA & FEHA
If your workplace injury results in a permanent disability, you are protected under:
- The Americans with Disabilities Act (ADA) (federal law)
- The Fair Employment and Housing Act (FEHA) (California law)
These laws prohibit discrimination against employees with disabilities and require employers to provide reasonable accommodations. If your employer refuses to accommodate you or terminates you due to your disability, you may have a disability discrimination claim.
What to Do If You’re Facing Retaliation After a Work Injury
If you believe your employer is retaliating against you, take immediate action:
✅ Document Everything – Keep records of any threats, termination notices, or negative treatment after your injury.
✅ Consult a Workers’ Compensation Lawyer – A lawyer can help you file a 132a claim and pursue damages.
✅ Act Quickly – There are strict deadlines for filing complaints. The sooner you act, the stronger your case.
Contact an Experienced Workers’ Compensation Attorney Today
If you’ve been fired or retaliated against after filing a workers’ compensation claim, you have legal rights. At Franco Munoz, we specialize in protecting injured workers and holding employers accountable.
Call us now at (510) 257-4141 for a FREE consultation and let us fight for the compensation and justice you deserve.
