Workers’ compensation retaliation happens when an employer punishes an employee for filing a workers’ compensation claim. In California, the law protects employees from this type of retaliation.
Documenting retaliation correctly is important because it provides evidence to support your case as an injured employee.
What does workers’ compensation retaliation look like?
Retaliation can take many forms. An employer might fire or demote an employee after the employee files a workers’ compensation claim. Other signs of retaliation include reduced hours or negative performance reviews. In some cases, the employer may change your job duties to less desirable tasks or create a hostile work environment. These actions often discourage employees from asserting their rights.
Why is it important to document retaliation?
Accurate documentation helps establish a clear connection between your workers’ compensation claim and the retaliatory actions. Without strong evidence, proving retaliation becomes difficult. Documentation also helps track patterns of behavior and timelines.
In California, employees who face retaliation may be eligible for compensation and reinstatement. Proper records strengthen the claim and increase the chances of a favorable outcome.
How to document workers’ compensation retaliation
Write down each retaliatory action as soon as it happens. Include dates, times, locations and the people involved. Describe the action and explain why it seems connected to the workers’ compensation claim. You should also keep copies of all emails and other communications related to the workers’ compensation claim.
If coworkers witness the retaliation, document their names and observations. Their statements may support the claim. You can then create a timeline that connects your workers’ compensation claim and the witness testimony to the retaliatory action.
This proper documentation helps protect your employee rights under California law. Keeping detailed and organized records provides strong evidence when facing workers’ compensation retaliation.