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

Employer retaliation after you file a workers’ comp claim

On Behalf of | Jun 9, 2023 | workers' compensation

Filing a workers’ compensation claim is an important step to protect your rights and receive necessary medical treatment and benefits after a workplace injury. However, some employees in California may face the unfortunate reality of experiencing retaliation from their employers for pursuing a workers’ comp claim.

Learn more about this issue and what you can do if you suspect that your employer is retaliating against you due to your workers’ comp claim.

Understanding retaliation

Retaliation occurs when an employer takes adverse actions against an employee in response to their exercise of protected rights, such as filing a workers’ compensation claim. Retaliation is illegal under California law.

Recognizing potential retaliation

Some common indicators of retaliation may include unfavorable changes in your job status, such as sudden demotions, pay cuts or unjustified disciplinary actions. Other signs can include a hostile work environment, increased scrutiny or exclusion from work-related activities.

Taking action

If you believe you are experiencing retaliation, there are steps you can take to protect your rights and address the situation:

  1. Document incidents. Keep a record of any incidents that you believe are retaliatory. Include dates, times, descriptions and any witnesses. This documentation can be valuable evidence if you need to take further action.
  2. Consult with human resources.Reach out to your company’s human resources department to report the alleged retaliation. Provide them with documented evidence and express your concerns. They have a responsibility to address and investigate your complaint.
  3. Contact the Labor Commissioner’s office. If internal measures do not resolve the issue, you can file a complaint with the California Labor Commissioner’s office. They can investigate the retaliation claim and take appropriate action if necessary.

Throughout the process, it is important to preserve any evidence related to the retaliation. This includes emails, texts, performance evaluations or any other documentation that supports your claim.

By taking proactive steps, you can assert your rights and address the issue of retaliation while protecting your well-being.