Problems with your claim

Retaliation for filing a claim (Labor Code §132a)

By the CalCompGuide editorial team · Last updated November 2026 · How we write and check guides

What counts as retaliation

• Firing or laying you off after you report an injury or file a claim.
• Demotion, pay cuts, fewer hours or worse shifts.
• Threats ("if you file, you're done here") or pressure not to file.
• Refusing to rehire, or disciplining you for time off for treatment.

Not every firing after an injury is illegal. Employers can still act for legitimate business reasons unrelated to the injury. The question is whether the injury or claim was a reason for the action. Timing, comments by supervisors and how others were treated are important evidence.

The 132a petition

A 132a claim is filed at the WCAB as a petition (I&A guide 7). If you win, remedies can include:

• compensation increased by one-half, capped at $10,000, plus costs up to $250;
• reinstatement to your job;
• reimbursement of lost wages and work benefits.

File promptly. A one-year time limit generally applies, counted from the discriminatory act.

Other laws that may protect you

• Disability discrimination (FEHA): employers with five or more employees must engage in a good-faith interactive process and provide reasonable accommodation for work restrictions.
• Labor Commissioner retaliation complaints for retaliation tied to other protected activity, such as safety complaints (how it works).
• Wrongful termination lawsuits in court, which can allow broader damages than workers' comp.

Deadlines and remedies differ; an employment attorney can compare options.

Fired before you filed?

You can still file. Claims filed after a termination notice face extra requirements (Labor Code §3600(a)(10)): for example, the employer knew about the injury before the notice, or medical records show the injury existed before the notice. Report and file as soon as you can.

Protect yourself now

• Save texts, emails, schedules and pay stubs.
• Write down dates and exact words of any threats, with witnesses.
• Ask for any termination reason in writing.

This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.