Workers’ compensation benefits are legally required to be offered to employees in California who become injured on the job. Workers compensation insurance helps both employers and employees when the time comes for a claim to be filed. However, some employees who file a claim and then have their employment terminated may allege that their employers terminated their employment due to discrimination.
Under California Labor Code Section 132(a), it is not lawful for an employer to discriminate against employees who file claims in an effort to get workers’ compensation benefits. If an employer terminates employment or threatens to terminate employment because of a claim being filed (or an expression of intent to file a claim is made by an injured employee), it is illegal under this law.
Even false accusations of discrimination can be damaging to a company’s reputation and to an employer’s finances. As rumors travel, word gets around and whether or not an employer actually has engaged in discrimination or not, the damage is done—and the consequences can be brutal. Fighting these accusations and trying to keep the company’s integrity intact can be time-consuming and can also consume resources, leading to financial strain for the business, and possibly even the risk of dissolution of the enterprise.
The damage to the company’s reputation is not the only penalty that an employer can face when accused of discriminating against an employee over workers’ compensation. Employers can also be compelled to provide up to 10,000 dollars more in compensation benefits to the employee and be forced to pay their attorney fees, as well as having to pay for lost wages. These numbers can quickly add up and lead to serious financial problems for the business, after all, is said and done.
Employers accused of discrimination are urged to seek out an attorney to defend them against these allegations in court. Having an experienced attorney with an in-depth knowledge of CA LC Section 132(a) in your corner can mean the difference between protecting your business’s reputation—and capital—and facing financial ruin after paying out hefty fines and other court-mandated expenses related to the case.
If you are facing discrimination allegations from a current or former employee, Sacks Law Group, APC can be your legal advocates. We are not just workers’ compensation defense experts—we wrote the book on it, and we can use our knowledge of California labor laws and workers’ compensation statutes to help you protect your business. We will defend your case aggressively and make sure you stay informed every step along the way. Our history of successful workers’ compensation defense proves that we have what it takes to help employers avoid penalties and keep their reputations—and their companies—intact after facing discrimination allegations. Contact us today for a case assessment.
Providing expert defense against fraudulent and frivolous workers’ compensation claims.
Providing comprehensive workers’ compensation defense to insured and self-insured Employers.
