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✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Your employer cannot punish you for getting hurt. If they did, we’ll make them pay.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, a Pomona employer who fires, demotes, or otherwise punishes a worker for filing a workers' compensation claim violates Labor Code §132a, which provides reinstatement, lost wages, and a $10,000 increase in compensation. Yazdchi Law, a Certified Specialist in Workers' Compensation Law firm, prosecutes these petitions at the Pomona WCAB. Request a free case review.
Pomona retaliation cases cluster around the industries that drive the Pomona Valley caseload. Manufacturing-line employers along Mission and Holt Avenues sometimes fire long-tenure workers who file cumulative-trauma claims after years of repetitive machine-feed and assembly work. 10-corridor distribution warehouses build attendance and productivity-quota systems that punish workers who report injuries. Food-processing facilities sometimes terminate workers who report cold-storage injuries or report unsafe line-speed conditions. Pomona Valley Hospital Medical Center and other healthcare employers sometimes retaliate against nurses who file patient-handling injury claims through scheduling, write-ups, or reassignment to harder posts.
California Labor Code California Labor Code §132a prohibits each of these patterns. The statute bars discrimination against a worker who files or intends to file a workers' compensation claim. Remedies include reinstatement to the pre-discrimination position, payment of all lost wages and work benefits, an increase in compensation of $10,000, and costs and expenses up to $250. The companion section California Labor Code §244 bars a Pomona employer from threatening to use a worker's immigration status as retaliation for exercising labor rights — a critical protection for a significant share of the Pomona manufacturing, warehouse, and food-processing workforce.
Yazdchi Law's office at 1125 W Avenue M-14, Suite A in Palmdale sits about 70 miles north-northwest of Pomona. The firm does not maintain a Pomona satellite. Eman Yazdchi appears at the Pomona district WCAB on §132a retaliation petitions and is a Certified Specialist in Workers' Compensation Law, certified by the California Board of Legal Specialization, State Bar of California.
A Pomona §132a retaliation claim runs on three California Labor Code sections: California Labor Code §132a (the anti-retaliation statute and remedies), California Labor Code §244 (the no-ICE-threat companion), and California Labor Code §5814 (the 25% penalty on unreasonably delayed benefits, often a parallel claim in §132a fact patterns). This page sits within our broader California §244 anti-ICE-retaliation protections practice. Statute deep-dive: California Labor Code §132a (anti-retaliation).
Under California Labor Code §132a, a Pomona employer may not discharge, threaten to discharge, or in any manner discriminate against a worker because the worker filed or intends to file a workers' compensation claim, received a rating or award, or testified in any workers' compensation proceeding. Typical Pomona §132a fact patterns include termination shortly after a DWC-1 filing, demotion or unfavorable reassignment after a return-to-work request, refusal to reinstate after a temporary disability period, and punitive scheduling against a nurse or warehouse worker who reported an injury. The statute reaches any "manner" of discrimination.
Under California Labor Code §132a, a Pomona worker who proves discrimination recovers four remedies. First, reinstatement to the pre-discrimination position. Second, payment of all lost wages and work benefits caused by the discrimination. Third, an increase in compensation of $10,000 — added to the underlying workers' comp award. Fourth, costs and expenses up to $250. The remedies are cumulative; the worker recovers all four on proof. The §132a petition is litigated at the Pomona district WCAB, separately from the underlying workers' comp claim though typically on a parallel calendar.
Under California Labor Code §244, a Pomona employer may not threaten to use a worker's immigration status as retaliation for exercising labor rights, including the right to file a workers' compensation claim under California Labor Code §3351. The protection applies regardless of the worker's actual immigration status. A Pomona manufacturing-line, warehouse, food-processing, or hospitality employer who threatens to "call ICE" or "report your status" after a worker files a §132a petition violates §244 in addition to §132a. California Labor Code §3351 confirms that California workers' compensation reaches every employee regardless of immigration status.
Under California Labor Code §5814, when a Pomona workers' comp insurer unreasonably delays or denies a benefit, a 25% penalty attaches to that delayed benefit. On a §132a retaliation file, the §5814 penalty is often a parallel claim — when the employer or insurer froze temporary disability under California Labor Code §4653 after the §132a-protected activity, or refused to authorize treatment under California Labor Code §4600. The §5814 penalty applies per benefit unreasonably delayed, and the §132a $10,000 increase applies on top.
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Tap to call →Pomona §132a retaliation petitions are heard at the Pomona district office of the Workers' Compensation Appeals Board, the district covering Pomona, Claremont, La Verne, San Dimas, Diamond Bar, Walnut, Baldwin Park, and West Covina. Yazdchi Law regularly appears at the Pomona WCAB on §132a petitions in manufacturing, warehouse, food-processing, healthcare, and Cal Poly Pomona campus matters. Related coverage: Pomona workers' comp settlements.
A successful Pomona §132a petition is built on temporal proximity between the DWC-1 filing (or other §132a-protected activity) and the adverse employment action, plus documentary evidence of the activity-action chain — text messages, supervisor emails, write-up sequences, attendance records, scheduling sheets. Anti-retaliation cases are stronger when the worker's pre-injury performance record was strong and the post-injury "discipline" was pretextual. The California Division of Workers' Compensation publishes the §132a petition form online. Related coverage: Pomona back-injury workers' comp claims.
A Pomona §132a petition is litigated at the WCAB, but a wrongful-termination-in-violation-of-public-policy civil claim may run in parallel in superior court for the same fact pattern. The civil claim reaches damages — emotional distress, punitive — outside the §132a $10,000 cap. The civil claim's exclusive-remedy bar under California Labor Code §3601 does not extinguish a public-policy wrongful-termination claim. Pomona retaliation files often run on both tracks.
Last reviewed by Eman Yazdchi, Esq., May 2026.
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