When you file a workers’ compensation claim, you deserve fair treatment, not disciplinary action. However, some employers respond by altering your job duties. Such a response may feel unjust and could violate the law.
When reassignment violates legal protections
California law prohibits employers from retaliating against employees who file workers’ compensation claims. Retaliation includes adverse actions like demotion, pay cuts, or job reassignments that penalize you for asserting legal rights. If your employer transfers you to a less favorable role, strips responsibilities, or changes your schedule to penalize you, that conduct likely breaches the law.
Not all reassignments qualify as unlawful. Employers maintain the right to adjust roles for valid operational reasons. However, if the timing aligns closely with your claim and the new role appears punitive, that could indicate retaliation.
Identifying unlawful retaliation
Consider several key factors. Did the job change occur shortly after you filed your claim? Does the new position reduce your responsibilities or work conditions? Did your employer demote you, isolate you, or remove you from core duties? Affirmative answers to these questions may signal unlawful behavior.
Evaluate the context. Consistent positive performance reviews prior to filing support your position. A sudden job downgrade following your claim, without proper justification, should raise concerns. Keep records of any changes and note remarks from supervisors or colleagues that may show intent. Such documentation helps support a claim of retaliation.
Rights you hold under California statutes
The law entitles you to report work-related injuries without suffering retaliation. Your employer cannot legally reduce your pay, alter your role, or reassign you as a form of punishment. Employers who retaliate in these ways violate California statutes.
Understand your legal protections if you experience reassignment after filing a claim. California law supports employees who assert their rights. Employers cannot lawfully penalize you for doing so.