Can I Be Fired While on Workers’ Comp in California?

This is one of the most common fears of injured workers: “Will I lose my job if I file a workers’ comp claim?” California law provides strong protections against retaliation — but employers still try. Here’s what you need to know.

California’s Anti-Retaliation Law (Labor Code 132a)

California Labor Code Section 132a makes it illegal for any employer to fire, threaten, or discriminate against a worker for filing a workers’ comp claim. This includes:

• Termination
• Demotion
• Reduction in hours or pay
• Transfer to a less desirable position
• Harassment or hostile work environment
• Negative performance reviews after filing

But Can They Fire Me for Other Reasons?

California is an “at-will” employment state, which means employers can terminate workers for legitimate business reasons. However, if the timing of your termination is suspiciously close to your workers’ comp claim, the burden shifts to the employer to prove the firing was not retaliatory.

Warning Signs of Workers’ Comp Retaliation

• Being fired shortly after filing your claim or returning from leave
• Sudden negative performance reviews when your record was previously clean
• Being told your position has been “eliminated” but a replacement is hired
• Being assigned impossible tasks to set you up for failure
• Being excluded from meetings, projects, or communications

What to Do If You’ve Been Retaliated Against

1. Document everything — save emails, texts, performance reviews, witness names
2. File a Labor Code 132a claim — this is filed through the WCAB, not a separate lawsuit
3. Contact a workers’ comp retaliation attorney immediately

Remedies for Workers’ Comp Retaliation

If you prove retaliation under 132a, you may receive:

• Reinstatement to your job
• Back pay and lost benefits
• Increased compensation (up to $10,000 penalty)
• Reimbursement of reasonable attorney fees and costs

Your Workers’ Comp Benefits Continue Regardless

Even if you are terminated, your workers’ comp claim continues. You are still entitled to:

• All medical treatment
• Temporary disability payments (if still unable to work)
• Permanent disability benefits
• Job displacement benefits

Protect Your Rights — Call Now

If you’ve been fired or threatened for filing a workers’ comp claim, you have legal options. Attorney Eman Yazdchi is a Certified Specialist with 20+ years of experience fighting employer retaliation. Contact Yazdchi Law for a free consultation.