Retaliation in California Workers’ Compensation Cases

 Posted on February 28, 2024 in Workers' Compensation

Employers in California are not legally permitted to retaliate against any employers who file workers’ compensation claims. In other words, employees cannot be punished for filing a claim if it is valid and filed in good faith. Employees also cannot be discouraged from filing such a claim. However, some employers might try to threaten their employees to discourage them from filing such claims. If you believe your employer is retaliating against you after you filed a worker’s compensation claim, you should speak with an experienced Morgan Hill, CA workers’ compensation lawyer to arm yourself with the information you need to be empowered in your case.

What Constitutes Retaliation?

If an employee comes forward with a workers’ compensation claim and their employer does something to either make them rescind their claim or punish them for submitting it, this might be considered retaliation. Examples of retaliation include:

• Verbal abuse and other types of uncomfortable treatment that can make their place of work feel toxic
• Worsened job conditions, including changing the employee’s shift schedule without warning to times that do not suit them
• Disciplinary action or similar measures, like the employee being warned and placed on probation for minor mistakes or infractions
• Reduced work hours, unrelated to the employee’s ability to work and the employer’s need for workers
• Seriously negative performance views, especially when they do not reflect reality
• Threats about termination or actual termination

It is illegal for employers to retaliate against an employee who files a workers’ compensation claim. Under certain conditions, an employer can face serious penalties. Retaliatory behavior can also be considered a form of discrimination and can be punishable by law. The employer might be liable for the employee’s lost wages, punitive damages, damages from emotional distress, attorney’s fees, and other costs associated with the lawsuit. The employer might also be subject to criminal penalties like fines and possibly even jail time. The court could even order that an employee who was terminated be reinstated.

Schedule a Free Consultation with a Gilroy, CA Workers’ Compensation Attorney

If you have filed a workers’ compensation claim and you believe your employer is targeting you with retaliatory conduct, you should speak with an experienced Santa Clara County, CA workers’ compensation lawyer. The law in California tends to favor injured employees in similar situations, and at Cramer + Martinez, we can review your case and see whether you might be eligible for anti-retaliation measures and compensation. Call 408-848-1113 to schedule a free consultation.