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This petition may be filed if your employer fired you or discriminated against you for filing a workers compensation claim. This is called a Labor Code 132a petition. Please note this petition must be filed within one year of the discriminatory act or date you were fired.
Employers have a duty to get no-fault workers compensation insurance coverage for both full-time and part-time employees (California Labor Code 3700). If a worker is hurt on the job, they can claim benefits without proving that the employer was negligent or otherwise caused their accident.
California Labor Code 132a clearly states that it is illegal to fire, threaten to fire, or discriminate in any manner against an employee who has or intends to file a claim for workers compensation.
California Labor Code 132a clearly states that it is illegal to fire, threaten to fire, or discriminate in any manner against an employee who has or intends to file a claim for workers compensation.
Damages in Section 132a Retaliation Cases A compensation increase of one-half, but in no case, more than $10,000. Costs and expenses not to exceed $250. Payment of any lost earnings and benefits. Returning the employee to his or her prior job.
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Know the Law: California Labor Code 132(a) An employer in California cannot lawfully discharge, threaten to discharge, or otherwise punish an employee simply because that employee filed for workers compensation benefits.
Although it is illegal for an employer to require employees to sign a waiver of their rights under workers compensation, members of the board of directors and executive officers/owners of a wholly owned corporation can waive these rights under certain circumstances, under California Labor Code 3352(a)(19).
California Labor Code 132a Employers who discriminate or retaliate against an employee after the employee files a workers comp claim or expresses their intent to do could be fined and legal action by the employee could be taken.

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