In California, employer retaliation is strictly prohibited. This means it is illegal for your employer to take negative employment actions against you for filing a workers’ compensation claim, reporting the employer’s illegal activities (whistleblowing), or doing other protected activities. All complaints of employer retaliation are handled by the California Division of Labor Standards Enforcement (DLSE).
Employer retaliation involves:
- Firing
- Demoting
- Passing over for a promotion
- Cutting wages
- Other negative employment actions against an employee
If you have suffered any of these actions simply because you filed a workers’ compensation claim, you have the right to file a complaint with the DLSE. However, by law, your employer may still fire or discipline you for matters unrelated to your protected activity. You will need to provide evidence that your employer's actions were unlawful and based on a protected activity.
Understanding Protected Activities
Under the California Labor Code, there are certain activities that are protected. This means employees may not be fired, demoted, or otherwise disciplined for doing these activities. As mentioned above, filing for workers’ compensation is a protected activity. Reporting the law violation or noncompliance of an employer, complaining about hazardous working conditions, filing a complaint with the DLSE, and taking part in union activities involving the employee’s free expression are also protected activities.
Call Our Glendale Workers’ Compensation Lawyers Today at (818) 946-0608
At the Law Offices of Wax & Wax, we are dedicated to upholding the rights of our clients. If you have been injured on the job, we can build your case and help you file the necessary paperwork. Our team of Glendale workers’ compensation attorneys have more than 100 years of combined experience. We will answer your questions and work tirelessly for your rights every step of the way.
For a free consultation, contact our office today. We offer Spanish speaking services for your convenience.