Defending Against Accusations Of Employer Discrimination And Labor Code 132a Violations

California places numerous employment laws and insurance burdens on business enterprises. The best way to avoid problems in these areas is to comply with both the letter and spirit of the law.

Sacks Law Group, APC, an experienced workers’ compensation law firm, can provide counsel to help employers with compliance. When the firm’s clients are accused of violations of California Labor Code Section 132a or serious and willful misconduct, the attorneys energetically defend the rights and interests of the clients.

California Labor Code 132a

By enacting Labor Code Section 132a, the state of California made it public policy that employees who file workers’ compensation claims should not suffer reprisals or discrimination. Employers who discriminate or retaliate against employees because of the filing of workers’ comp claims or expressing their intention to do so face the prospect of costly fines and the possibility of employee lawsuits. Sacks Law Group, APC, defends clients facing these accusations of discrimination or retaliation.

Even if an employee was discharged for a legitimate business reason or personnel issue, the legitimate reason can be difficult to prove. The law firm thoroughly investigates the accident and injury, the employer’s human resources policies and procedures, and the exact events leading up to the discharge or other negative consequences. By building a defense from the ground up, Sacks Law Group, APC, maximizes the likelihood of a favorable outcome.

Building Your Defense

Section 132a claims are challenging because of subtleties in how the law is written. These are the types of cases where it really helps to have an Employer Defense Specialist in Workers’ Compensation on your side.

We will examine the circumstances surrounding the claim. For example, an employer who does not give special privileges to an injured employee is not necessarily breaking the law. When possible, we will draw distinctions between changes in personnel policy, which may be permitted, and treating an employee differently because of the injury. We will leverage the facts of the case to your advantage.

Avoiding 132a Claims

We also provide representation to employers concerned about avoiding 132a claims. We can provide guidance about how an employer should address the performance concerns of an employee who has filed a workers’ compensation claim. The proactive involvement of an attorney can be extremely valuable in helping an employer thwart a discrimination claim.

Effective California Discrimination Defense Lawyers

Our goal in every case is to protect the rights and interests of our client and employer and to minimize any resulting fines or penalties – if not, to achieve the employer’s vindication.

For a consultation with a California discrimination defense lawyer at Sacks Law Group, APC, call 310-216-7778 or contact the firm online.

Uninsured
Employers

Providing expert defense against fraudulent and frivolous workers’ compensation claims.

Learn More

Insurance Carriers &
Self Insured Employers

Providing comprehensive workers’ compensation defense to insured and self-insured Employers.

Learn More

We defend uninsured employers.
We wrote the book on it.

Available on Amazon & Booksellers

READ THE REVIEWS

Employers Workers' Compensation Defense

The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:

Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.

Our Blogs

Red Flags for Identifying Fraudulent Workers’ Compensation Claims

Workers’ compensation claims are designed to support employees injured on the job. However, fraudulent claims can undermine this system, driving up costs for businesses and hurting employees with legitimate needs.…

Legal Strategies for Uninsured Employers Facing Workers’ Compensation Claims

Facing a workers’ compensation claim as an uninsured employer can be overwhelming. California has strict laws requiring employers to carry workers’ compensation insurance, and failing to comply can lead to…

Legal Requirements for Employer Subrogation in California

Workers’ compensation insurance typically covers the costs when an employee is injured on the job. However, when a third party is responsible for the injury, employers in California have the…

    Contact Us