EmploymentQuestion 1009 of 1605

An employer fires a worker specifically because that worker filed a legitimate workers' compensation claim. Under Labor Code §132a, this is:

a.Permissible, because employment in California is at-will
b.A matter only for the federal courts
c.Unlawful discrimination that can result in increased compensation and reinstatement
d.Allowed if the employer replaces the worker within 30 days

Explanation

Labor Code §132a makes it unlawful to discharge, threaten to discharge, or discriminate against an employee for filing or intending to file a workers' compensation claim. Remedies include a 50% increase in compensation (up to a cap), reinstatement, and reimbursement of lost wages and benefits.

Law Reference: Labor Code §132a

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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