California Labor Code Section 132a
The Bridgeford Law Office, APC Handles Your 132a Claim
Under California law, it is illegal to discriminate against workers who are injured in the course and scope of their employment, and they are protected from retaliation for filing a workers’ compensation claim.
Dealing with a labor code 132a claim? Contact The Bridgeford Law Office, APC for experienced representation today!
What Is California Labor Code 132a?
In simple terms, California Labor Code 132a protects injured workers who have filed a workers’ compensation claim (or who intend to file a claim) against employer discrimination. Employers who take adverse action or threaten action against an injured worker can face hefty fines as well as misdemeanor criminal charges.
Adverse actions that may be considered violations under 132a include:
- Wrongfully terminating an employee
- Reducing an employee’s hours
- Reducing an employee’s pay
- Changing an employee’s work duties
- Denying an employee benefits
- Encouraging other employees to punish the employee
- Failing to promote a deserving employee due to their injury
Labor Code Stipulations
- Pursuant to Labor Code §132(a), a worker is protected from discharge, threats of discharge and discrimination because they have filed or made known their intention to file a claim for workers’ comp. If a violation is found, the employee’s compensation shall be increased by one-half, but no more than $10,000, together with costs and expenses not in excess $250. A discriminated employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the employer’s actions.
- Pursuant to Labor Code Section §132(a), an employee has the right to file a separate claim against an employer if they are wrongfully terminated as result of being injured on the job and/or filing a workers’ compensation claim.
Labor Code §132(a) violations are not the same as direct discrimination, EEOC complaints, wrongful termination or other employment/labor disputes which are deemed “civil” in nature and would require specific labor/employment law counsel. 132(a) claims are generally not covered by the workers’ compensation carrier but are deemed as “separate” actions filed under the auspices of the existing workers’ compensation action.
Elements of a Valid 132(a) Claim
Workers’ compensation discrimination claims under 132(a) must satisfy the following requirements:
- The employee filed for workers’ compensation, received a rating, award or settlement in a compensation claim, or made known their intentions to file for workers’ compensation;
- The employer took some sort of adverse action against the employee because of their workers’ compensation claim; and
- The employee was singled out for disadvantageous treatment due to the injury or claim being filed.
Adverse actions against an employee will most often involve wrongful termination or the threat of being fired, though other actions such as reducing hours, changing work duties, reducing pay, or denying benefits may also qualify. Likewise, employers do not have to follow through on these actions; the mere threat of discrimination may still be considered unlawful.
At The Bridgeford Law Office, our experienced Santa Clarita workers’ compensation attorneys are dedicated to helping clients in dealing with issues such as Labor Code §132(a) violations, if they arise.
Schedule your initial consultation with our Valencia workers’ compensation lawyers at (661) 387-3712 today.
I found Bridgeford Law and instantly felt like I made the right decision. Zach was my attorney and he was fantastic through the whole experience. Even the front office staff were great through my many times talking with them.
The workers comp process in California is convoluted and the insurance companies do everything they can to stall and try to wear you down. The whole process Zach did great at keeping an open line of communication with me. He helped reassure me and I will forever appreciate that. I reached a favorable settlement and I was not disappointed with the results that Bridgeford law got me. I can honestly say I will always recommend them to my friends and family.- Nathan W.
You have lightened my stress level considerably due to your diligence as well as your legal expertise; and the fact that you genuinely care about me as a person, not just a client. I am quite certain that ALL of your clients receive the same level of quality... and for that, I am eternally in your debt. So glad everything seems to be fast tracked and as bad as things are, there is finally light at the end of the tunnel, which for the 1st time, looks like it ISN'T the headlights of an oncoming train. At least this holiday season is far better than last year at this time, and that's directly due to you and your staff's hard work on my behalf. Again, thank you.- Former Client
I was referred to Mark by a friend and after our consultation, I knew he had my best interest in mind. He fought for me and we were awarded a more than fair settlement. I would recommend Mark and his staff to anyone in need. A very good group of people.- Mason U.
The Bridgeford Law Office has gone above and beyond! Mark and his team has worked hard on getting treatment for my injury. If a procedure was denied by the insurance company, Mark and Emily are ready to work on getting medical care approved. I highly recommend this office for anyone who has a work related injury. Thank you Bridgeford Law Office for taking care of my claim.- Jose V.
At least this new year will be starting on a far better note than last year at this time. Thanks to your efforts this year at least my bills are paid, my medications are here, I'm not facing eviction and there's even plenty of food in case I get an appetite despite the pain. Thanks and have a great holiday!- Former Client
I had the good fortune to choose Mr. Bridgeford to handle my work comp case...Not only is he an EXTREMELY skilled lawyer who prevented the insurance company from doing various nasty things to me, but his caring, legal expertise & wonderful staff prevented all of it from happening and the outcome of the case was better than I ever could have hoped for...He is without a doubt the finest work comp attorney in So. CA and if you need a great one, then he's DEFINITELY the right man with the right staff for the job...Despite this being a very complex case with 4.5 years of litigation, they were always very attentive to my needs and most definitely saw that justice was done...I have heard many stories of work comp clients getting screwed over and Mark made sure that that did not happen in my case...You will not regret choosing him...I will be eternally grateful to Mark and the entire staff of Bridgeford Law.- David F.
I had a great experience with everyone at Bridgeford Law. So professional and extremely helpful! I would recommend them to anyone.- Samantha H.
Very pleased with this Law Office for Workmans Comp representation. Work hard and not a dime out of pocket. Would highly recommend.- Joel C.