The Law Office of Alice A. Strombom helps workers in Sacramento when they file a workers’ compensation claim. Taking workers’ comp means you’ve been injured or fallen sick because of your job duties, and while it’s unfortunate, it also brings up questions about how productive you’re being or how your workers’ comp claim is affecting your employer. However, in California, you have certain rights if your employer decides to retaliate against you. To learn more about what you can do, contact us today for a free consultation.

Can My Employer Retaliate Against Me For Taking Workers’ Compensation?

Simply put, no. Under California law, an employer can’t retaliate against workers if they have certain characteristics, namely if they are a member of a “protected class.” Normally, this includes things like your age, race, gender, or sexual orientation.

However, filing for workers’ compensation also makes you a member of a protected class. So, if you file for worker’s comp and start noticing your employer doing things like the following, you might be experiencing retaliation:

• Giving you less favorable shifts or schedules
• Making comments or threatning you
• Leaving you out of training or meetings
• Demoting you or cutting your pay
• Writing you up unjustifiably

Retaliation often hinges on “temporal proximity”–how soon after your workers’ comp claim the retaliation occurs. For example, if you’ve never been disciplined but are demoted shortly after filing, it could be retaliation. While timing alone isn’t proof, it’s a key factor when combined with other evidence, like your strong performance history or an employer’s pattern of retaliation.

What Do You Need to Do If You Think You’re Being Retaliated Against?

Even though retaliation is illegal, it doesn’t mean your employer won’t try to do things to punish you for taking workers’ comp. In fact, many of the above examples of retaliation could technically be explained away as just “following policy” or something similar.

The fact remains, though, that these actions are against the law and give you legal options. But like any other claim, you have to have a solid foundation when you want to move forward. Here’s what you can do if you think you’re being retaliated against:

• Keep records – Write down every incident of what you think to be retaliation with dates, times, and details. These notes can be vital if you decide to file a claim.
  
  
• Report things – If you feel safe, tell HR or your supervisor about the retaliation, and keep a copy of your report.
  
  
• File a DLSE Complaint – Reach out to the California Labor Commissioner’s Office. The Department of Labor Standards Enforcement (DLSE) will investigate your claim and can take action on your behalf if they determine you were retaliated against.

Another option you have if you can prove retaliation is to file a civil lawsuit, where you try to recover “damages” in open court against your employer. This might include things like:

• Lost income or benefits, including back pay, future pay, and the value of any lost benefits.
• Emotional distress damages for your anxiety, depression, or stress caused by retaliation.
• Job reinstatement or promotion, where the judge will require your employer to restore your job or give you a denied promotion.

It’s obviously incredibly difficult to go through a situation where you have to hold your employer accountable, but it’s often a very necessary step to make sure your rights stay protected in the workplace.

Should You Hire a Lawyer?

You trust your employer to provide you with a safe, fair workplace. That said, the situation changes a bit when you get hurt in an accident and have to file for workers’ financial support. Even though it’s available to every worker in California, some employers may retaliate against you taking these benefits. If you find yourself facing unfair treatment, you should think about getting a lawyer. Here’s how my firm can help you:

• Looking into your situation and explaining your options
• Gathering documentation and records
• Negotiating with your employer or an insurance company for a resolution

When you take workers’ comp, you’re doing so to address health issues because of something that happened at work. No employee should face retaliation or any other type of mistreatment from their employer, but it happens. When it does, you have options and my firm can help you. Contact us today for a free consultation.