Being injured at work is stressful enough. But for many California workers, the situation becomes even more overwhelming when their employer responds with hostility — cutting hours, disciplining them, or even firing them after they report an injury or file a workers’ compensation claim.
California law is clear: retaliation for reporting a workplace injury is illegal. Employees have strong protections under both workers’ compensation statutes and the Fair Employment and Housing Act (FEHA). According to the California Civil Rights Department, retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting unsafe conditions or filing a claim.
This guide explains your rights, how to recognize retaliation, and what steps to take if you believe you were wrongfully terminated after a workplace injury.
What Counts as Retaliation After a Workplace Injury?
Retaliation happens when an employer takes negative action against an employee because they exercised a legal right. According to the California Civil Rights Department, retaliation includes actions such as firing, demotion, discipline, or threats in response to protected activity.
Common Forms of Retaliation
- Termination after reporting an injury
- Cutting hours or reducing pay
- Demotion or reassignment to undesirable duties
- Harassment or intimidation
- Negative performance reviews after filing a claim
- Threats about job security or immigration status
These actions may violate California law if they occur because the employee reported an injury, filed a workers’ compensation claim, or requested accommodations.
Your Legal Protections Under California Law
California provides multiple layers of protection for injured workers.
1. Workers’ Compensation Anti‑Retaliation Laws
California Labor Code §132a prohibits employers from firing or discriminating against employees for filing or intending to file a workers’ compensation claim. Employers who violate this law may face penalties, increased compensation awards, and criminal charges.
2. FEHA Retaliation Protections
The California Civil Rights Department explains that FEHA protects employees who oppose or report unlawful practices, including unsafe working conditions or discrimination related to disability or injury.
3. Whistleblower Protections
California Labor Code §1102.5 protects employees who report workplace safety violations or illegal practices.
4. Disability Accommodation Rights
If your injury results in a temporary or permanent disability, your employer must engage in a good‑faith interactive process and provide reasonable accommodations under FEHA.
How to Tell If You Were Wrongfully Terminated
Not every termination after an injury is illegal — but many are. According to employment law resources, retaliation requires proving three elements:
1. You engaged in a protected activity
Examples include reporting an injury, filing a workers’ comp claim, or requesting accommodations.
2. Your employer took adverse action
This includes firing, demotion, reduced hours, or harassment.
3. There is a causal connection
Timing is often key. If negative actions begin shortly after your injury report, this may indicate retaliation.
These elements align with the California Civil Rights Department’s framework for proving retaliation.
Signs Your Employer May Be Retaliating
Workers often notice subtle changes before termination occurs. Common warning signs include:
- Sudden negative performance reviews
- Being written up for minor issues
- Loss of responsibilities or exclusion from meetings
- Comments about your injury or time off
- Pressure not to file a workers’ comp claim
If these behaviors begin after your injury, they may indicate unlawful retaliation.
What to Do If You Were Fired After a Workplace Injury
Taking the right steps early can protect your rights and strengthen your case.
1. Document Everything
Keep records of emails, write‑ups, performance reviews, and conversations.
2. Request Your Personnel File
California law allows employees to request their personnel records.
3. File a Workers’ Compensation Claim (if you haven’t already)
You are entitled to medical treatment and wage benefits regardless of fault.
4. File a Retaliation Complaint
You may file a complaint with the California Civil Rights Department or pursue a private lawsuit.
5. Speak With an Employment Attorney
An attorney can evaluate your case, gather evidence, and help you pursue compensation.
You can learn more about your rights by visiting Infinity Law Group’s Employment Law page.
Potential Compensation in a Retaliation Case
Employees who are wrongfully terminated after a workplace injury may be entitled to:
- Lost wages and benefits
- Reinstatement to their job
- Compensation for emotional distress
- Penalties under Labor Code §132a
- Attorney’s fees and legal costs
In some cases, punitive damages may also be available.
Frequently Asked Questions
Can my employer fire me while I’m on workers’ comp?
They can terminate you for legitimate reasons — but not because you filed a claim or reported an injury.
What if my employer claims I was fired for performance issues?
If the timing suggests retaliation, you may still have a case.
Do I need proof of retaliation?
Direct evidence helps, but circumstantial evidence — such as timing — is often enough.
Can I sue my employer?
Yes. You may pursue a retaliation claim, a wrongful termination lawsuit, or both.
Conclusion
California law strongly protects workers who report injuries or file workers’ compensation claims. If you were fired, demoted, or mistreated after a workplace injury, you may have a valid retaliation claim. You don’t have to navigate this alone.
To discuss your situation, contact Infinity Law Group for a confidential consultation.
