“Very thankful for everything they did for us. Always responsive, reassured us every step of the way and obtained a great result.”
Miguel Orellana
El Sereno Workers' Compensation Retaliation Lawyer
Certified Specialist (CA Bar)No Fee Unless We Win — Costs May ApplyMillions 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
What does California Labor Code §132a do for an El Sereno worker who was fired for filing a workers' comp claim?
El Sereno retaliation claims arise when an employer fires, demotes, or punishes a worker for filing a comp claim — protected by the state's anti-retaliation statute.
An El Sereno worker fired or demoted after filing a workers' comp claim is entitled to reinstatement, lost wages, an increased award up to $10,000, and the right to keep all medical, disability, and voucher benefits already owed. The same protection covers Huntington Drive retail, Soto Street service, and Cal State LA-adjacent staff. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) files at the WCAB Los Angeles district office.
Under California Labor Code §132a , it is unlawful for any California employer to discharge, threaten to discharge, or in any manner discriminate against an employee because the employee filed or made known an intention to file a workers' compensation claim. An El Sereno worker fired, demoted, denied a promotion, or otherwise retaliated against because of a workers' compensation claim has one year from the date of the discriminatory act to file a Petition for Discrimination at the Los Angeles WCAB at 320 W 4th Street. The §132a remedy is independent of the underlying workers' compensation claim — even a denied or contested claim can support a §132a petition. The El Sereno retaliation caseload tracks the local industries — Huntington Drive commercial corridor, Cal State LA campus facilities and food-service employers, Eastern Avenue retail, and small-business residential-services workforce. California Labor Code §3351 — California's coverage rule extending workers' comp to every worker regardless of immigration status — and California Labor Code §244 — the bar on using immigration-status threats as a retaliation tool — apply to the largely Spanish-speaking El Sereno workforce. California Labor Code §3550 — the employer's separate duty to post and provide written notice of workers' compensation rights — applies independently: a §3550 violation is the evidentiary backbone of most §132a cases. The Cal/OSHA whistleblower-protection program runs in parallel where the discriminatory act followed a safety complaint.
What does the §132a petition actually require to win on an El Sereno case?
The worker proves a comp claim was filed, then adverse action, then a causal link; the employer must justify the action with a legitimate business reason.
Under California Labor Code §132a, the El Sereno worker must prove (1) the worker engaged in protected activity (filing or expressing the intent to file a workers' compensation claim), (2) the employer took an adverse employment action against the worker (firing, demotion, reduced hours, denied accommodation, denied promotion), and (3) a causal connection between the protected activity and the adverse action — that the workers' compensation claim was a substantial motivating reason for the adverse action. The WCAB applies a burden-shifting analysis: once the worker establishes a prima facie case, the employer must articulate a legitimate non-discriminatory reason, and the worker then must prove that reason is pretext for retaliation.
What does §132a actually award an El Sereno worker who wins?
Under California Labor Code §132a, a successful Petition for Discrimination at the Los Angeles WCAB recovers (1) a 50% increase in compensation up to a statutory cap (typically $10,000), (2) reinstatement to the pre-injury job or its equivalent, (3) back wages and benefits, and (4) reimbursement of work expenses incurred because of the discriminatory act. The §132a award is on top of the underlying workers' compensation claim — the El Sereno worker collects California Labor Code §4658 permanent disability indemnity on the injury claim and the §132a discrimination award on the retaliation claim. The remedies do not duplicate each other.
What is the §132a one-year deadline and what counts as the discriminatory act?
Under California Labor Code §132a, the El Sereno worker has one year from the date of the discriminatory act to file the Petition for Discrimination at the Los Angeles WCAB. The discriminatory act is the firing, demotion, threat, denied promotion, or denied reasonable accommodation — not the date the worker filed the workers' compensation claim. An El Sereno worker fired six months after filing a workers' compensation claim has one year from the firing — not one year from the claim filing — to file the §132a petition. The clock is strict, and missing it ends the §132a case. Yazdchi Law calendars the §132a one-year clock the day the firing or other adverse act occurs.
How does §3550 interact with an El Sereno §132a retaliation claim?
Under California Labor Code §3550, every California employer must post in a conspicuous location a notice of workers' compensation rights — including the right to file a claim, the right to medical care, and the right to be free from discrimination for filing. An El Sereno employer that did not post the §3550 notice has a weaker defense to a §132a petition: the worker's claim of being deterred from filing is supported by the missing notice. California Labor Code §3551 adds the obligation to provide written notice of workers' compensation rights to new employees at the time of hire. These California Labor Code §3550 and California Labor Code §3551 notice requirements form the documentary backbone of an El Sereno §132a retaliation claim — Yazdchi Law subpoenas the workplace posting record and the new-hire orientation file as part of every §132a case.
Related on yazdchilaw.com: California §132a workers' comp retaliation pillar · Lincoln Heights workers' comp retaliation · Alhambra workers' comp retaliation · El Sereno workers' comp lawyer · California Labor Code §132a (workers' comp retaliation).
Injured at work? Call (661) 273-1780
Tap to call →What local resources should an El Sereno worker know for a §132a retaliation claim?
El Sereno retaliation petitions are heard at WCAB Los Angeles; the firm appears on Huntington Drive retail, Soto Street service, and Cal State LA-adjacent files there.
An injured El Sereno worker filing a §132a Petition for Discrimination deals with the Los Angeles district WCAB at 320 W 4th Street, the employer's defense counsel, the Cal/OSHA whistleblower-protection program if the discriminatory act followed a safety complaint, and the California Department of Industrial Relations Division of Labor Standards Enforcement for wage-and-hour cross-claims. El Sereno is a Northeast LA Latino residential community on the Cal State LA border — Cal State LA is the largest single institutional employer, with Huntington Drive restaurants and retail underneath.
Which WCAB office hears El Sereno §132a petitions?
El Sereno §132a Petitions for Discrimination are filed and heard at the Los Angeles WCAB at 320 W 4th Street. Yazdchi Law appears at the Los Angeles WCAB on §132a petitions for El Sereno workers regularly — and litigates the burden-shifting causation analysis on the trial record.
Which El Sereno employers and worksites drive the §132a caseload?
The El Sereno §132a caseload follows the city's industry verticals: Cal State LA faculty, staff, food-service, grounds, and custodial workers, Huntington Drive restaurant and retail workers, Eastern Avenue small-business workforce, and the heavily Spanish-speaking residential-services workforce. Restaurant, retail, warehouse, and clinical-staff verticals produce the most §132a petitions — the workers in these verticals are most often terminated shortly after filing a workers' compensation claim, and the temporal proximity supports the causation element.
- the Huntington Drive commercial corridor, the Cal State LA campus on State University Drive, and the Eastern Avenue retail strip
- Cal State LA faculty, staff, food-service, grounds, and custodial workers, Huntington Drive restaurant and retail workers, Eastern Avenue small-business workforce, and the heavily Spanish-speaking residential-services workforce
What is the firm deadline on an El Sereno §132a retaliation claim?
One year from the date of the discriminatory act under California Labor Code §132a. The clock runs from the date of the firing, demotion, or other adverse action — not the date the workers' compensation claim was filed. Missing the one-year California Labor Code §132a clock ends the discrimination case forever — even if the underlying workers' compensation claim is still open. Yazdchi Law calendars the §132a clock the day the discriminatory act is reported.
Emergency care and hospitals serving El Sereno
For a serious work injury in El Sereno, call 911. Adventist Health White Memorial on Cesar Chavez Avenue is the closest acute-care emergency department. Cal/OSHA reporting rules require the employer to notify Cal/OSHA within 8 hours of any work-related death, serious hospitalization, amputation, or loss of an eye.
Frequently Asked Questions
My El Sereno employer fired me after I filed a workers' comp claim — is that legal?
No. Under California Labor Code §132a, it is unlawful for any California employer to discharge, threaten to discharge, or in any manner discriminate against an employee because the employee filed or made known an intention to file a workers' compensation claim. An El Sereno worker fired in retaliation for filing a workers' compensation claim has one year from the date of the firing to file a Petition for Discrimination at the Los Angeles WCAB at 320 W 4th Street. Even a denied or contested workers' compensation claim supports a §132a petition.
How long do I have to file a §132a retaliation case in El Sereno?
One year from the date of the discriminatory act, under California Labor Code §132a. The clock runs from the firing, demotion, denied promotion, or other adverse action — not from the date the workers' compensation claim was filed. An El Sereno worker fired three months after filing a claim has one year from the firing — twelve months later — to file the §132a petition. Missing the one-year California Labor Code §132a clock ends the discrimination case forever. Yazdchi Law calendars the deadline the day the adverse act is reported.
What does a §132a win actually pay in an El Sereno case?
A successful §132a Petition under California Labor Code §132a recovers a 50% increase in compensation up to a statutory cap (typically $10,000), reinstatement to the pre-injury job or its equivalent, back wages and benefits, and reimbursement of work expenses incurred because of the discriminatory act. The §132a award is independent of the underlying workers' compensation claim — the El Sereno worker collects California Labor Code §4658 permanent disability indemnity on the injury claim and the §132a discrimination remedy on the retaliation claim. The recoveries do not duplicate each other.
Can my El Sereno employer claim my firing was for performance and not retaliation?
Yes — and that is the most common employer defense to a §132a petition. The burden-shifting analysis under California Labor Code §132a requires the El Sereno worker to first establish a prima facie case of retaliation (protected activity, adverse action, causal connection), at which point the employer must articulate a legitimate non-discriminatory reason for the firing (performance, attendance, reorganization). The worker then must prove the reason is pretext — typically with evidence of temporal proximity, disparate treatment of similarly situated co-workers, or shifting employer explanations. Yazdchi Law litigates pretext on the trial record at the Los Angeles WCAB.
Do I need a separate workers' compensation claim to file a §132a petition in El Sereno?
Yes. California Labor Code §132a requires that the protected activity be the filing of (or expressing the intent to file) a workers' compensation claim. An El Sereno worker with no underlying workers' compensation claim has no §132a remedy — though the same set of facts may support a separate wrongful-termination claim in superior court or a Cal/OSHA whistleblower complaint. Yazdchi Law files the underlying California Labor Code §5500 Application for Adjudication of Claim alongside the §132a Petition so both proceed together at the Los Angeles WCAB.
What does Yazdchi Law cost on an El Sereno §132a retaliation case?
Workers' compensation attorney fees in California are contingent under California Labor Code §4906 and approved by the WCAB judge — typically 15% of the §132a award and the underlying workers' compensation recovery. An El Sereno worker pays nothing upfront, nothing for case costs unless the case recovers, and nothing if the §132a petition is denied. The fee structure means an El Sereno retaliation claim costs the worker no out-of-pocket money to file — Yazdchi Law absorbs the cost of records, depositions, and trial preparation until the case recovers.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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