Contact Us for an Initial Assessment

Fill out the form below to get in touch with our team!

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please enter a message.
    Please select an option.
132a

California Labor Code Section 132a

The Bridgeford Law Office, APC Handles Your 132a ClaimSanta Clarita workers comp attorney

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 at (661) 771-3004 today.

A Firm You
Can Rely On

  • 19 Years of Experience in the Santa Clarita Valley in Your Corner
  • Attorneys Allen and Bridgeford Are Certified Workers' Compensation Specialists by the Board of Legal Specialization of the State Bar of California
  • Open Lines of Communication and Direct Attention from Our Dedicated Attorneys
  • Personalized Legal Care Where We Treat All Clients Like Family
  • We Take the Time to Listen to Your Needs During a Confidential Initial Assessment

Client Testimonials

  • Very pleased with this Law Office

    “Very pleased with this Law Office for Workmans Comp representation. Work hard and not a dime out of pocket. Would highly recommend”

    Joel C.

  • The Bridgeford Law Office has gone above and beyond!

    “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.

  • I would recommend Mark and his staff to anyone in need.

    “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.

  • They are exceptional at what they do.

    “I was a client for this law office a few years ago. I have nothing bad to say about Mr. Allen as well as Mr. Bridgeford. They are exceptional at what they do. I thank you all for helping when I needed it most!”

    Wendy G.

  • I am eternally in your debt. Again, thank you.

    “You have lightened my stress level considerably due to 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.”

    Anonymous

Ceiling Lamp It's Never Too Late or Too Early
to Seek Legal Advice

Our firm is here for you when you need us. Connect with us at any time.

Turn to The Bridgeford Law Office, APC.

Get in Touch

Proudly Helping in Valencia
& Surrounding Areas

661.771.3004

25060 Avenue Stanford,
Suite 285
Valencia, CA 91355
Map & Directions [+]

Schedule a Confidential Assessment
to Start Your Case Today!