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:
- 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.