“Very thankful for everything they did for us. Always responsive, reassured us every step of the way and obtained a great result.”
Miguel Orellana
✦ 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
Pasadena's research institutions, technology companies, hospitals, and professional firms project an image of progressive, employee-friendly workplaces. But when a worker files a workers' compensation claim, the institutional response can shift quickly. A JPL contractor finds that his assignment is not renewed after he reports a repetitive strain injury. A Caltech laboratory technician receives her first negative performance review two weeks after filing a claim for chemical exposure. A Huntington Hospital nurse returns from medical leave to find her shifts reassigned and her unit changed. These are not coincidences — they are patterns of retaliation that California law specifically prohibits.
Labor Code section 132a makes it illegal for any employer to discriminate against a worker because they filed or intend to file a workers' compensation claim. At Yazdchi Law P.C., board-certified specialist Eman Yazdchi pursues 132a retaliation claims for Pasadena workers, holding employers accountable for conduct that many workers mistakenly believe they have to accept.
Pasadena's institutional and corporate employers are rarely clumsy enough to fire someone the day after they file a claim. Instead, retaliation in this city's professional environment takes sophisticated forms that require an experienced attorney to identify and prove.
Performance review manipulation. This is the most prevalent retaliation tactic in Pasadena's institutional workplaces. An employee with years of positive evaluations files a workers' comp claim, and their next review suddenly contains criticisms — missed deadlines, "communication issues," lack of initiative — that were never previously raised. The manufactured paper trail creates a pretext for subsequent termination or demotion. The timing is the tell: when a previously satisfactory employee starts receiving poor reviews coincident with a workers' comp claim, the inference of retaliation is strong.
Contract non-renewal and assignment termination. Many Pasadena research and technology workers are employed through contracts, grants, or temporary assignments. When these workers file comp claims, the employer may simply choose not to renew the contract or extend the assignment. While employers have discretion in contract decisions, the exercise of that discretion becomes discriminatory under 132a when it is motivated by the workers' comp claim. We investigate the history of contract renewals, compare the treatment of similarly situated employees who did not file claims, and build the circumstantial case that the non-renewal was retaliatory.
Restructuring and position elimination. An employer restructures a department or eliminates a position shortly after the occupant files a workers' comp claim. If no similar restructuring affects employees who did not file claims, and if the timing aligns with the claim filing, the "restructuring" may be a pretext for discrimination.
Hostile return-to-work conditions. A worker returns from workers' comp leave to find that their workspace has been moved, their projects reassigned, their access to facilities restricted, or their schedule changed to less desirable hours. These actions, individually, might seem minor. Collectively, they create conditions that signal the worker is no longer welcome and that are intended to push them toward resignation — a constructive termination.
Academic and research retaliation. Pasadena's academic institutions have unique retaliation mechanisms. A research associate who files a claim may find that their name is removed from publications, their laboratory access is restricted, or their principal investigator stops including them in grant applications. For workers in academia, where career advancement depends on these professional recognitions, this form of retaliation can be as damaging as termination.
The penalties for workers' comp retaliation are substantial and are designed to make discrimination costly for the employer:
Reinstatement. You have the right to be restored to your former position with the same seniority, pay, and benefits you had before the discriminatory act.
Lost wages and benefits. All wages and benefits lost between the date of the discriminatory act and the date of reinstatement or resolution must be paid by the employer.
Increased compensation. The employer may be ordered to pay up to one-half of the increase in your workers' compensation benefits, with a maximum penalty of $10,000. This penalty is paid by the employer directly — not by the insurance carrier.
Costs and expenses. Reasonable costs and expenses up to $250 are also recoverable.
These remedies are pursued through the Workers' Compensation Appeals Board, and for Pasadena workers, the case is heard at the Van Nuys WCAB.
A research technician at a Pasadena biotech company files a cumulative trauma claim for bilateral carpal tunnel syndrome developed from five years of laboratory pipetting work. Within a month, her supervisor places her on a performance improvement plan citing "inconsistent laboratory procedures" — a complaint that had never been raised in five years of employment. The PIP's goals are unrealistic and unattainable. We file a 132a petition immediately, before the employer can execute the termination the PIP is designed to set up. Discovery reveals emails between the supervisor and HR discussing the workers' comp claim in the context of "managing" the employee.
A JPL contractor files a workers' comp claim for a back injury sustained while installing equipment in a facility. His contracting company reassigns him to a lower-paying position at a different site, 30 miles farther from his home. The company claims the reassignment is based on "project needs," but no other contractors at his skill level were reassigned during the same period. We demonstrate that the reassignment was motivated by the claim and constitutes discrimination under 132a.
A registered nurse at Huntington Hospital reports a cumulative shoulder injury and requests temporary modified duty while she undergoes physical therapy. The hospital grants modified duty but moves her from the cardiology unit, where she has worked for eight years, to a float pool assignment with unpredictable scheduling and no consistent unit assignment. She eventually resigns because the schedule is incompatible with her childcare obligations. We file a 132a petition alleging constructive termination and demonstrate that the employer's modified duty assignment was designed to force her resignation rather than genuinely accommodate her restrictions.
The key to a successful 132a claim is establishing the connection between the protected activity — filing or intending to file a workers' comp claim — and the adverse employment action. In Pasadena's professional workplaces, this often requires:
Temporal proximity. The closer in time the adverse action is to the claim filing, the stronger the inference of retaliation. When a previously exemplary employee receives their first negative review within weeks of filing a claim, the timing speaks volumes.
Comparative evidence. How were similarly situated employees who did not file claims treated? If other employees with similar performance were not subjected to PIPs, schedule changes, or non-renewals, the differential treatment supports a retaliation finding.
Documentation. Emails, text messages, meeting notes, and witness statements that reference the workers' comp claim in the context of employment decisions are powerful evidence. We use the discovery process to obtain these materials.
Retaliation claims in Pasadena's institutional environment require an attorney who understands both workers' compensation procedure and the employment dynamics of research, healthcare, and technology workplaces. Eman Yazdchi's board certification in workers' compensation provides the legal foundation, and our experience representing professional workers across Los Angeles County gives us insight into the institutional retaliation playbook.
We pursue 132a claims alongside the underlying workers' compensation case at the Van Nuys WCAB, ensuring that the retaliation adds to the employer's liability and creates additional leverage for resolving the entire matter.
Injured at work in Pasadena? Call (661) 273-1780
Tap to call →If you believe your Pasadena employer has retaliated against you for filing a workers' comp claim, do not resign and do not stay silent. Contact Yazdchi Law P.C. for a free consultation. We will assess the evidence, explain your options under LC section 132a, and take action to hold your employer accountable. There is no fee unless we recover for you.
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