“Eman at Yazdchi Law was extremely professional, responsive, and supportive at all times. He and his staff exceeded all of my expectations.”
Andrea Dalessandro
✦ Board-Certified Specialist in Workers’ Compensation Law — State Bar of California ✦
Your employer cannot punish you for getting hurt. If they did, we’ll make them pay.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law
Burbank's entertainment-driven economy creates a retaliation problem that is distinct from almost any other city. When a grip, set builder, camera operator, or production assistant files a workers' compensation claim, the consequences can extend far beyond the immediate employer. In an industry where your next job depends on your reputation, the fear of being blacklisted — quietly removed from call lists, passed over for future productions, labeled as "litigious" — is very real. And in Burbank, where the major studios and production companies form a tight-knit community, that fear is not unfounded.
California Labor Code Section 132a makes it a misdemeanor for any employer to discriminate against a worker for filing or intending to file a workers' compensation claim. This protection extends to every form of retaliation, including the informal blacklisting that pervades Burbank's entertainment industry. Attorney Eman Yazdchi of Yazdchi Law P.C. is a board-certified workers' compensation specialist who pursues 132a retaliation claims for Burbank workers alongside their underlying injury cases.
This is the form of retaliation most unique to Burbank. A worker files a workers' comp claim after an on-set injury at a major studio. The production wraps, and the worker expects to be called for the next project — but the calls stop coming. The production coordinator, who heard about the claim, does not put the worker on the crew list. Other coordinators in the same network follow suit. No one says it is because of the workers' comp claim; the worker is simply "not available" or "not the right fit."
Blacklisting is harder to prove than an outright termination, but it is not impossible. Patterns of hiring, communications between production personnel, and the timing of the freeze relative to the claim filing can all support an LC Section 132a claim.
The more straightforward form of retaliation. A Burbank worker files a claim, and within days or weeks, the employer fires them. The employer offers a pretext — "budget cuts," "end of contract period," "performance issues" — but the proximity in time between the claim filing and the termination creates a strong inference of retaliation.
Many Burbank entertainment workers are hired on a project-by-project basis. Retaliation does not always look like termination — it can look like simply not being called back for the next production, even though you were consistently rehired before the claim. A sudden change in hiring pattern after a claim filing is evidence of retaliation.
A successful retaliation claim requires:
The employer may raise a legitimate business reason for the adverse action. Your attorney must then demonstrate this reason is pretextual — a cover for what was actually retaliation.
The IATSE grip files a workers' comp claim after a shoulder injury on a Warner Bros. production. When the next production staffs up three months later, every other grip from the previous show is rehired except him. The production coordinator tells a colleague "we do not want anyone with open claims." This statement, if documented, is direct evidence of retaliation.
The manufacturing line worker files a claim for a repetitive stress injury. Two weeks later, her employer terminates her citing "attendance issues" — but her attendance record is comparable to coworkers who were not terminated. The timing and pretextual basis support a 132a claim.
The Teamster driver injures his back delivering equipment between Burbank studios. After returning to work with lifting restrictions, his employer assigns him to a position that pays significantly less and has no overtime, while his former position is filled by a new hire with no restrictions. This constructive demotion is retaliation.
Injured at work in Burbank? Call (661) 273-1780
Tap to call →The entire purpose of LC Section 132a is to ensure that Burbank workers can file legitimate workers' comp claims without fear. If you have already experienced retaliation — whether outright termination or the subtle freeze of being passed over for work — you have legal recourse.
Contact Yazdchi Law P.C. for a free consultation. Attorney Eman Yazdchi will evaluate your retaliation claim and fight to hold your Burbank employer accountable.
Ready to discuss your case? Schedule a free consultation.
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