Getting hurt at work can completely throw off your routine—physically, emotionally, and financially. When someone reports a workplace injury and files a workers’ compensation claim, they expect to be treated fairly. Unfortunately, some employers don’t handle the situation appropriately and choose to let that employee go. If you recently filed a claim and were suddenly fired, you’re probably wondering whether that decision was legal. In cases like this, it helps to understand your rights. California Business Lawyer & Corporate Lawyer Inc. has supported many workers facing these challenges, especially those looking for a start business lawyer after they were fired for filing a workers’ compensation claim and started pursuing their own goals.
What California Law Says About Firing Injured Workers
In California, laws are written to protect employees who get hurt on the job. Labor Code §132a is one of those protections. It says employers can’t fire or punish a worker just because they submitted—or planned to submit—a workers’ compensation claim. This rule also covers those who testify in support of a claim. If an employer goes against this law, they may be required to pay penalties, provide lost wages, and sometimes even give the person their job back. Nakase Law Firm Inc. has guided many clients through these situations, especially individuals looking for an unpaid training attorney after being fired for filing a workers’ compensation claim during or right after unpaid job placements.
When a Termination Becomes a Legal Issue
Not every termination breaks the law. But if you were let go shortly after filing a claim, it could raise legal questions. Companies might try to offer other reasons for the firing, such as “restructuring” or “performance issues,” but that doesn’t mean those reasons are valid.
This kind of situation is often referred to as “retaliatory termination,” meaning the firing happened as payback for doing something lawful—like reporting an injury. When the timing is suspicious, and the company’s explanation seems weak, legal action may be justified.
Steps You Can Take If You’ve Been Fired
If you believe your termination was linked to your claim, here are some ways you can respond.
1. Submit a §132a Petition
You can start by filing a complaint with the Workers’ Compensation Appeals Board (WCAB). This action lets you explain what happened and why you believe the firing wasn’t legal. The filing has to happen within one year of being let go.
If the board finds that your employer violated the law, you could receive:
- Your job back (if you want it)
- Reimbursement for lost income
- Up to $10,000 in added compensation
- Coverage for your legal fees
2. File a Wrongful Termination Claim in Court
Sometimes the problem goes beyond workers’ compensation laws and violates broader employee protections. If this applies to you, a civil court case might be the better route. A win in court can lead to:
- Payments for the income you missed and the emotional impact
- Extra damages if the employer acted harshly
- Compensation for long-term income loss
To be successful, you’ll need to show that your claim was one of the main reasons you were fired.
3. Look Into Other Possible Violations
If your employer also treated you differently after your injury—such as refusing to make basic job adjustments or assigning you worse shifts—there may be other violations involved. These could fall under:
- The Fair Employment and Housing Act (FEHA)
- The Americans with Disabilities Act (ADA)
- Federal rules on workplace protections
Depending on the details, multiple claims may apply to your case.
How to Show the Firing Was Retaliation
To win your case, it’s important to show that your termination was tied to your injury report. The more evidence you have, the stronger your case becomes.
Some helpful types of proof include:
- Timing: Being fired shortly after filing a claim can point to retaliation.
- Conversations or emails: If your employer showed frustration about the claim, keep records.
- Inconsistencies: If company rules weren’t followed in your case, that matters.
- How others were treated: If others with similar records weren’t fired, that could help your argument.
Even when a company offers a reason for the firing, that explanation can be challenged if it doesn’t hold up.
What Companies Might Say to Defend Themselves
Companies often try to show that the firing had nothing to do with the claim. They may say:
- You had a history of underperformance
- The business was reducing staff
- You broke company rules
Even if these reasons sound plausible, they must be supported by real facts. If your attorney shows that the reasons were just a cover story, the company could still be held responsible.
What You Might Be Owed If You Win
If your firing was unlawful, you may qualify for several types of recovery:
- Lost wages: Money you would have earned had you not been fired
- Future income: Compensation if you’re not getting your job back
- Emotional impact: Payment for the stress or harm caused
- Punitive compensation: In court cases, this may apply if the company’s actions were especially serious
- Legal costs: In many cases, you can recover attorney fees
In §132a complaints, there’s also the option of being reinstated at your previous role.
Can You Be Let Go While on Workers’ Comp?
Yes, but only if the reason is fair and not related to the claim. For example, you can still be fired if:
- The company is closing or making layoffs
- You had performance problems before the injury
- There’s a business-related restructuring
But if the claim was part of the reason—or the full reason—you were let go, that may not be legal.
What You Should Do Right Away
If you think your firing was unfair, don’t sit on it. You can help your case by:
- Writing things down: Keep a clear record of what happened and when
- Getting your employee file: You have a right to see your employment records
- Talking to a lawyer: They can tell you what type of case you might have
- Meeting deadlines: You only have a limited time to take action
Missing deadlines can make it harder to get the outcome you deserve.
Why Legal Guidance Helps
You shouldn’t have to go through this process without help. A knowledgeable lawyer can:
- Handle the filing process and court paperwork
- Represent you in front of the WCAB or in court
- Negotiate with your employer or their legal team
- Help you understand the best next steps
- Protect you from additional mistreatment
These cases can get complicated quickly, and having someone in your corner can make all the difference.
Final Thought
Getting fired for filing a workers’ compensation claim is not just upsetting—it may be illegal. If you’re in this situation, it’s important to explore your rights. Whether through the WCAB or the courts, there are steps you can take to recover what you’ve lost and push back against wrongful treatment.
If you’re thinking about what to do next—whether that’s returning to work, changing jobs, or starting something on your own—it helps to have legal advice from someone who handles these matters regularly. The decisions you make now can shape your future path.