Navigating California Labor Code 132a Claims

Section 132a of the California Labor Code forbids employers from discriminating against any employee who files, or intends to file, a workers' compensation claim. Discrimination under this statute is defined as any retaliatory act or threat made against an employee for exercising their legal rights under the workers' compensation law. The burden is on the employee to prove discrimination under Section 132a. The employee must prove: 1) The employee filed a workers' compensation claim or stated their intention to file a claim to the employer before any discriminatory act occurred; 2) The employer engaged in retaliatory acts such as termination or the threat of termination due to the employee's work-related injury or workers' compensation claim; and 3) The employer's retaliatory act singled out the employee.