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What Is California Labor Code §132a: the Anti-Retaliation Statute?
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.
What does Labor Code 132a prohibit?
Labor Code 132a prohibits an employer from firing, demoting, cutting pay, or otherwise punishing a worker for filing or intending to file a workers' comp claim, or for testifying in another worker's case.
Labor Code 132a makes retaliation unlawful. If you file a comp claim and your employer fires you, cuts your hours, or demotes you, that is discrimination under this statute. The worker must show the adverse action. The worker must then show a connection to the comp claim. The employer must produce a non-retaliatory reason.
Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. He handles Labor Code 132a retaliation petitions at the WCAB for injured workers throughout California.
What remedies can a worker recover under Labor Code 132a?
A successful Labor Code 132a petition recovers reinstatement to the prior position, back wages and lost benefits, a $10,000 increase in workers' comp, and costs and expenses up to $250.
The $10,000 increase is paid by the employer directly. It does not come from the comp insurer. It is added on top of regular indemnity. Lost health and retirement benefits are also restored. The petition is filed at the WCAB, not in Superior Court.
What is the filing deadline for a Labor Code 132a petition?
A Labor Code 132a petition must be filed with the WCAB within one year of the discriminatory act. The clock starts on the date of the adverse employment action, not the date of the injury.
Missing the one-year deadline forfeits the Labor Code 132a remedy entirely. The clock is strict. It starts when the employer fires, demotes, or takes another adverse action. This clock is separate from the underlying comp claim deadline under Labor Code 5405. The two deadlines run independently.
Does Labor Code 132a protect undocumented workers?
Yes. Labor Code 132a protects every California employee who files or intends to file a comp claim. Labor Code 3351 extends comp coverage to every worker regardless of immigration status, so retaliation protection runs equally to undocumented workers.
Labor Code 3351 confirms coverage for all workers. Labor Code 244 separately bars an employer from using immigration status as retaliation. When an employer threatens immigration reporting after a comp claim, both Labor Code 132a and Labor Code 244 apply.
What evidence supports a Labor Code 132a claim?
Evidence typically combines temporal proximity between the comp filing and the adverse action, comparator evidence of similarly situated workers, written communications, and any direct employer statements about the claim.
Timing matters most. A firing days after the DWC-1 is filed is strong evidence. Written communications can confirm motive. Comparator evidence shows differential treatment. California law then shifts the burden. The employer must produce a legitimate business reason. Weak or pretextual reasons are rejected.
Related: California retaliation pillar · Labor Code 3351 explainer.
Injured at work? Call (661) 273-1780
Tap to call →Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. Yazdchi Law serves injured workers throughout Greater Los Angeles. We appear at the WCAB in Van Nuys, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard. Call (661) 273-1780 for a free case review.
Frequently Asked Questions
Can a California employer legally fire a worker after a comp claim for any other reason?
An employer can fire a worker for a legitimate, non-retaliatory reason even after a comp claim. But the employer must show the reason was real and not pretextual. If the timing is suspicious and the stated reason is weak, the WCAB judge can find retaliation under Labor Code 132a. The burden shifts to the employer to explain the action convincingly.
Does Labor Code 132a cover hour cuts and schedule changes, not just firing?
Yes. Labor Code 132a reaches any adverse employment action causally connected to a comp claim. Hour reductions, schedule manipulation, demotions, denied promotions, hostile reassignments, and transfers to less desirable positions all qualify. The worker must show the adverse action and a connection to the protected activity of filing or intending to file a comp claim.
Can a worker file both a Labor Code 132a petition and a civil wrongful-termination claim?
These remedies are generally exclusive. Labor Code 132a provides the remedy at the WCAB for workers' comp retaliation. Civil wrongful-termination claims may be available under other statutes such as FEHA. An attorney can help evaluate which remedy or combination applies to the specific facts of the termination.
What is the difference between Labor Code 132a and Labor Code 244?
Labor Code 132a bars retaliation for filing a comp claim and provides remedies at the WCAB. Labor Code 244 specifically bars an employer from using immigration status as retaliation for exercising any labor right. The two statutes can both apply when an employer targets an undocumented worker who filed a comp claim by threatening immigration reporting.
Does the $10,000 penalty under Labor Code 132a count as taxable income?
Tax treatment of workers' comp benefits is generally governed by federal and state tax rules that vary by benefit type. The penalty portion of a Labor Code 132a award is paid by the employer and structured as an increase in compensation. Workers should consult a tax professional about the specific tax treatment of any settlement or award that includes a 132a penalty.
Last reviewed by Eman Yazdchi, Esq., July 2026.
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