Can I be fired for
Can I be fired for filing workers’ comp in California?
No. And there is a one year deadline on this claim that almost everyone misses, because it runs on a different clock than the comp case itself.
The Short Answer
Labor Code 132a makes it unlawful to fire, threaten, or discriminate against an employee for filing a comp claim, for intending to file one, or for testifying in one. The catch worth the whole page: the 132a deadline is one year, and it runs at the Workers’ Compensation Appeals Board, not in civil court.
What Labor Code 132A Gives You
Increased compensation up to $10,000, reinstatement, and reimbursement of lost wages and benefits. You file it as a petition at the Workers’ Compensation Appeals Board rather than as a lawsuit.
That $10,000 ceiling matters, and it sets up the most important section on this page.
Deadlines. The 132a petition is due within 1 year of the retaliatory act, at the WCAB. Disability claims under the Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, run on a separate 3 year clock with the California Civil Rights Department, the state agency that handles discrimination complaints. Full deadline table
The Bigger Case Riding Alongside 132A
Work injuries often produce FEHA disability claims as well, covering accommodation, the interactive process, and disability discrimination, with uncapped damages and a three year window at the Civil Rights Department. A wrongful termination in violation of public policy claim can ride the same facts.
The Practical Point
The WCAB petition caps at $10,000. The civil claims do not. Evaluating them together, rather than one at a time, is the whole game.
What These Cases Look Like
- Fired while on temporary disability
- “No light duty available” as a standing refrain
- Attendance points assessed for injury related absences
- The post claim performance review collapse, after years of good ones
What Evidence Wins?
- The claim filing date set against the adverse action date
- Light duty requests and denials in writing
- The before and after treatment record
Frequently Asked Questions
Can they fire me while I am on temporary disability?
Comp status is not a shield against genuine business action, but the timing gets close scrutiny.
My comp lawyer says this is outside their case.
That is correct. The employment claims are separate from the comp claim, and they are what this consultation covers.
What if I never filed but just reported the injury?
Intending to file is covered, and reporting an injury is protected activity.
Employment Law Resources
- Labor Code section 132a, workers compensation retaliation
- California Civil Rights Department, disability discrimination
- California DIR, Workers Compensation Appeals Board
Tell Us What Happened
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