What California Employees Should Know About Retaliation and Their Rights
Many injured employees hesitate to file a workers’ compensation claim because they fear losing their job. Unfortunately, this concern is common, especially in physically demanding industries where injuries are frequent and employers may discourage reporting.
Under California law, employees have the legal right to file a workers’ compensation claim without being punished for it. While employers can terminate employees for legitimate business reasons, they cannot legally fire, discipline, or retaliate against a worker solely for reporting an injury or filing a workers’ compensation claim.
At Kinsler Law, we regularly hear from workers who were threatened, pressured, or terminated shortly after reporting an injury. This guide explains what the law says, what retaliation can look like, and what steps employees should take to protect themselves.
Is It Legal to Fire an Employee for Filing a Workers’ Comp Claim?
No. California law prohibits employers from retaliating against employees for exercising their right to file a workers’ compensation claim. This protection applies regardless of immigration status, job title, or how the employee is paid.
Retaliation can take many forms and is not limited to termination.
1. Common Forms of Workers’ Comp Retaliation
Retaliation does not always look obvious. In many cases, it occurs subtly after an injury is reported.
Examples of retaliation may include:
• Termination or layoff shortly after filing a claim
• Demotion or reduction in pay or hours
• Sudden write-ups or disciplinary actions
• Being reassigned to undesirable duties
• Harassment, threats, or pressure to quit
• Being told not to report the injury or file a claim
If negative treatment begins after you report an injury, it may be a warning sign of unlawful retaliation.
2. What Employers Are Allowed to Do
It is important to understand that filing a workers’ compensation claim does not make an employee immune from discipline or termination.
Employers may still take action if:
• There is a documented performance issue unrelated to the injury
• A legitimate layoff or company closure occurs
• The employee violates company policies
• The employee is unable to perform essential job duties after all reasonable accommodations
However, the employer must be able to prove that the action had nothing to do with the workers’ compensation claim.
3. What to Do If You Fear Retaliation
If you are worried about retaliation, taking proactive steps can help protect your rights.
Steps to protect yourself:
• Report your injury promptly and in writing
• Keep copies of all injury reports and claim documents
• Save emails, texts, or messages from supervisors
• Document any changes in treatment, discipline, or job duties
• Write down dates, times, and details of concerning behavior
Clear documentation can be critical if retaliation occurs.
4. What to Do If You Are Fired After Filing a Claim
If you are terminated after reporting a workplace injury, it does not automatically mean your employer acted illegally. However, the timing and circumstances matter.
You may have a retaliation claim if:
• The termination happened shortly after you filed a claim
• The employer previously discouraged reporting injuries
• You were treated differently after the injury
• The employer’s explanation is inconsistent or unsupported
California law allows employees to pursue penalties, reinstatement, back pay, and other remedies if retaliation is proven.
5. Filing a Workers’ Comp Claim After Being Fired
Even if you are fired, you may still be entitled to workers’ compensation benefits.
Important reminders:
• You can file or continue a workers’ comp claim even after termination
• Medical treatment and benefits may still be available
• Being fired does not cancel your right to benefits
Do not assume your case is over simply because your employment ended.
6. When Legal Help Is Especially Important
Retaliation cases can be complex and often involve disputes about timing, intent, and documentation.
You should consider speaking with an attorney if:
• You were fired shortly after reporting an injury
• Your employer threatened you for filing a claim
• You were pressured not to report your injury
• Your benefits were delayed or denied after termination
• You believe your firing was connected to your injury
Early legal guidance can help protect your rights and preserve important evidence.
Final Thoughts: You Have the Right to Speak Up
California’s workers’ compensation system exists to protect injured workers, and the law prohibits employers from punishing employees for using it. Fear of retaliation should never prevent someone from getting medical care or reporting an injury.
If you were injured at work and are concerned about your job, knowing your rights and acting carefully can make a meaningful difference in the outcome of your case.
Contact Kinsler Law for a Free Consultation
Kinsler Law helps injured workers throughout Ventura County, including Oxnard, Ventura, Santa Paula, and surrounding communities. We offer:
- Free consultations by phone or Zoom
• Representation in English and Spanish
• No upfront fees, you only pay if we win your case
If you believe you were fired or treated unfairly for filing a workers’ compensation claim, contact Kinsler Law today to protect your rights and your future.