Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Common types of workplace retaliation to fight against

On Behalf of | Nov 19, 2017 | Blog

Despite employers’ best efforts, workers will suffer injuries on the job. In 2016, California had over 100,000 non-fatal injuries take place at job sites across the state. A majority of these injuries were most likely to occur with men.

After sustaining an injury, employees should file a workers’ comp claim. While many people fear losing their jobs, it is illegal for an employer to fire an individual under such circumstances. However, many employers do retaliate against these employees in other ways. It is important for workers to remain aware of the signs of retaliation so they can take legal action if necessary.

Demotion or refusal of promotion

After an injury, an employee will likely need to take time off work. When he or she returns, the employer should provide this individual with the same exact job as before. However, there have been times where employers give returning employees a different type of job that either comes with fewer responsibilities or lower pay. Additionally, some employers still hold resentment toward the injured employee after a long time and will refuse a future promotion even though the worker deserves it.


Workplaces should not tolerate any kind of harassment. Upon the injured employee’s return, other workers may be rude or disrespectful. To get back at the employee, the boss may turn a blind eye to this abuse.

Poor performance review

Employers often give workers regular performance reviews. As a form of retaliation, the boss may give an employee who filed a workers’ comp claim a bad review and use it as justification to dock pay or terminate employment. However, if the claims made by the boss in the review are baseless, then the employee could make the case that it was an illegal termination. In the event the employee seeks to leave the company in the future, some employers will refuse to provide a good letter of recommendation.