“Eman really knows his stuff and we were very pleased with our end result.”
Myretta & Thomas Knorr
Can My Employer Fire Me While I'm on Workers' Comp in California?
Certified Specialist (CA Bar)No Fee Unless We Win (Costs May Apply)Millions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
Yes, California's at-will rule allows termination during workers' comp leave for legitimate business reasons, but firing because of the claim or the injury is illegal retaliation. When the termination is connected to the claim, a retaliation petition adds penalties and reinstatement. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) evaluates every firing.
California is an at-will state, but "at-will" does not mean "at will to retaliate against injured workers." The hard question in most fired-on-comp cases is not whether the law applies, it almost always does, but whether the timing and circumstances prove the termination was motivated by the comp claim rather than by a legitimate reason. That is the pretext analysis, and it is winnable when the evidence is developed quickly.
Below: how the §132a and FEHA analyses work, the evidence that establishes pretext, how to preserve the personnel file before it gets sanitized, and how the parallel WCAB and Superior Court proceedings coordinate.
What is Labor Code §132a?
California's retaliation statute prohibits termination, demotion, or any adverse action taken because a worker filed or pursued a workers' comp claim, motive is the key.
Labor Code §132a declares it unlawful to discharge, threaten to discharge, or in any manner discriminate against any worker because of the industrial injury or claim. Remedies include increased compensation up to $10,000, reinstatement to the former position, back wages, and reimbursement of benefits lost because of the discrimination. The Workers' Compensation Appeals Board has exclusive jurisdiction. Statute of limitations: one year under §132a(4).
What does FEHA add?
Government Code §12940 requires reasonable accommodation of disabling conditions, including industrial injuries that qualify as disabilities. An employer must engage in a timely, good-faith interactive process to identify accommodations. Failure to accommodate or to engage in the process is independent FEHA liability. FEHA damages are uncapped: lost wages, emotional distress, punitive damages, and attorney's fees under Government Code §12965.
How does the pretext analysis work?
Once the worker shows protected activity (filing or sustaining a claim) and adverse action (termination), the burden shifts to the employer to articulate a legitimate non-discriminatory reason. The worker then has the opportunity to prove the stated reason is pretext for discrimination. Evidence of pretext: shifting explanations, departures from progressive-discipline policy, comparative evidence of similarly situated non-injured workers retained, and temporal proximity between claim filing and termination.
What if I'm fired during a leave of absence?
When the termination timing closely follows the claim filing and the supervisor referenced the claim, circumstantial evidence of retaliatory motive is established for a retaliation petition.
Workers' comp does not automatically guarantee job protection. The California Family Rights Act (CFRA), Family and Medical Leave Act (FMLA), and Pregnancy Disability Leave (PDL) may provide reinstatement rights independent of workers' comp. The interaction is complex: a workers' comp injury can simultaneously trigger CFRA, FMLA, PDL, and FEHA protections, each with its own clock and reinstatement rules.
Related on yazdchilaw.com: California §132a workers' comp retaliation pillar · What if my employer retaliates after claim · Can i be fired for filing a workers comp claim in california · California §132a workers' comp retaliation · California Labor Code §132a (workers' comp retaliation).
Injured at work? Call (661) 273-1780
Tap to call →How Yazdchi Law Handles Wrongful Termination Cases
Document the termination notice, save all emails and texts, and file the retaliation petition before the one-year window closes, the clock starts on the date of the firing.
Yazdchi Law, led by Certified Specialist Eman Yazdchi, evaluates every termination during a workers' comp claim for §132a and FEHA exposure (California Board of Legal Specialization, State Bar of California). We obtain personnel files, request comparator data, and depose the decision-makers to expose pretext. When the case crosses into FEHA territory, we coordinate with civil employment counsel to pursue parallel Superior Court remedies that workers' comp cannot reach.
If you were terminated during an open workers' comp claim across Kern, Los Angeles, San Bernardino, Riverside, or Ventura counties, call (661) 273-1780 the same day. Personnel files and supervisor emails get sanitized quickly.
Frequently Asked Questions
Can I be fired for poor performance during a workers' comp claim?
Yes, if the performance issues are documented, predate the claim, and follow the employer's progressive-discipline policy. Termination for legitimate documented performance unrelated to the injury survives §132a scrutiny. Suspicious timing, perfect reviews before the claim, sudden performance write-ups after, supports a pretext finding. Personnel file review is the first step in evaluating these cases.
Does §132a apply if I was a probationary employee?
Yes. §132a protects all employees regardless of probationary status. However, the employer's burden to articulate a legitimate reason for termination is generally easier to meet for probationary workers, who can be terminated for any non-discriminatory reason. Comparator evidence becomes critical, how were other probationary workers without injuries treated?
Can I sue in Superior Court for §132a?
No. Labor Code §132a vests exclusive jurisdiction in the WCAB. However, parallel FEHA claims under Government Code §12940 are filed with the Civil Rights Department and then in Superior Court. FEHA damages, uncapped emotional distress, punitives, attorney's fees, substantially exceed §132a's $10,000 cap. Filing both is standard practice when facts support FEHA disability discrimination.
What if my employer eliminated my position?
Position elimination can be a legitimate business decision or a pretext. Look for: elimination announced shortly after claim filing, the position filled by a different worker within months, employer hiring for similar roles, and inconsistent explanations. Workforce-reduction terminations require evidence that the reduction was bona fide and the selection criteria were neutral and consistently applied.
How much can I recover in a §132a case?
Increased compensation up to $10,000 (a statutory cap), reinstatement to former position, lost wages, and reimbursement of benefits lost due to the discrimination. Parallel FEHA recovery is uncapped: full back pay, front pay, emotional distress damages, punitive damages under Civil Code §3294, and attorney's fees under §12965. The combined exposure often drives employer settlement decisions.
What evidence do I need to preserve?
Personnel file, performance reviews, write-ups, emails between supervisors discussing your claim, comparator data on similarly situated non-injured workers, severance offers (which often signal employer awareness of exposure), and the timing of the termination relative to claim milestones (filing, MMI, PD rating). Take all personal items home before termination; do not assume return access.
Last reviewed by Eman Yazdchi, Esq., June 2026.
Get your case evaluated in 60 seconds.
Get Your Free Case EvaluationTalk to a Certified Specialist
Three fields. No obligation.
What Our Clients Say
Read more testimonials →“Eman really knows his stuff and we were very pleased with our end result.”