“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
Valencia's corporate offices, studio operations, tech companies, and entertainment employers project professionalism. But behind the polished image, some of these same employers retaliate against workers who file workers' comp claims — terminating them, cutting their hours, reassigning them to dead-end positions, or creating a hostile environment designed to force them out. This is illegal. Labor Code Section 132a explicitly prohibits employers from discriminating against employees who file or intend to file workers' comp claims. Yazdchi Law P.C. represents Valencia workers who have been punished for exercising their legal rights, and we pursue retaliation claims with the same Board-Certified focus we bring to every workers' comp case.
Retaliation in Valencia's corporate and entertainment workplaces is often more subtle than an outright firing. Employers in professional environments understand the legal risk of overt retaliation, so they use indirect methods that are harder to prove but equally damaging.
A corporate employee on Valencia Boulevard files a carpal tunnel claim and is suddenly given a negative performance review after years of satisfactory evaluations. A Six Flags ride operator reports a back injury and is reassigned from a regular shift to an on-call position with unpredictable hours and reduced income. A studio production assistant files a claim for a knee injury and is told that their contract will not be renewed — a decision that conveniently coincides with the claim filing. A retail manager at Valencia Town Center returns from medical leave and finds that their position has been filled and they are offered a lower-paying role.
Each of these scenarios constitutes potential retaliation under Section 132a. The law does not require that your employer explicitly state they are punishing you for filing a claim. Retaliation is proven through circumstantial evidence — the timing of adverse actions, departures from normal employment practices, inconsistent treatment compared to other employees, and pretextual reasons for termination or demotion.
Labor Code Section 132a provides a specific remedy for workers who face retaliation for filing or intending to file a workers' comp claim. The statute states that it is the policy of California that there should be no discrimination against workers who are injured in the course of employment. Any employer who violates this policy is subject to penalties and is liable for the worker's damages.
A Section 132a claim is filed at the WCAB — the same forum that handles your underlying workers' comp case. This is a distinct claim from the injury claim, with its own burden of proof and its own remedies. To prevail, you must show that you engaged in protected activity (filing or intending to file a workers' comp claim), that your employer took an adverse action against you, and that there is a causal connection between the two.
The remedies available under Section 132a include reinstatement to your former position, reimbursement for lost wages and benefits caused by the discrimination, a penalty of up to $10,000 paid by the employer (not the insurance company — this comes directly from the employer's pocket), and costs and expenses including attorney fees. These remedies are in addition to any benefits you receive for the underlying injury.
It is important to understand that a Section 132a claim is separate from a wrongful termination claim under Labor Code Section 3600. If your termination was motivated by your filing of a workers' comp claim, you may also have a civil lawsuit for wrongful termination in violation of public policy. This civil claim is filed in Superior Court, not at the WCAB, and allows recovery for damages including emotional distress and potentially punitive damages. A workers' comp retaliation lawyer evaluates both avenues and advises you on the best strategy.
Valencia's professional economy creates a particular dynamic around workers' comp retaliation. In corporate offices and tech companies, employees often have close working relationships with supervisors and HR departments. When an employee files a workers' comp claim, it disrupts that relationship. The employer may view the claim as a sign of disloyalty or as a financial burden, particularly in smaller corporate offices where a single claim can affect the company's experience modification rate and future insurance premiums.
Entertainment industry workers in Valencia face a different type of retaliation risk. Much of the studio and production work in Valencia is project-based. An employee who files a workers' comp claim during one production may find that they are simply not called back for the next one. There is no formal termination — just silence. Proving retaliation in this context requires showing a pattern: that you were regularly employed before the claim, that your skills and availability did not change, and that the failure to rehire coincided with the claim filing.
Six Flags and other large Valencia employers face the additional complication of seasonal employment. A seasonal worker who files a claim during one season and is not rehired the following season may be the victim of retaliation, but the employer will argue that rehiring decisions are made based on business needs. A workers' comp retaliation lawyer who understands seasonal employment patterns can challenge that defense with evidence of the employer's actual practices.
If you believe your employer is retaliating against you for filing a workers' comp claim, documentation is critical. Save all communications with your employer — emails, text messages, performance reviews, scheduling changes, and any written notices. Note the dates of any adverse actions and their proximity to your claim filing. Identify witnesses who observed changes in how you were treated after filing your claim.
Do not resign. Employers who want to retaliate without formally firing you will often make your work conditions intolerable, hoping you will quit. If you resign voluntarily, your Section 132a claim becomes harder to prove. Consult a lawyer before making any employment decisions.
Injured at work in Valencia? Call (661) 273-1780
Tap to call →Workers' comp retaliation claims require an attorney who understands both employment law and workers' compensation law. Attorney Eman Yazdchi is a Certified Specialist in Workers' Compensation Law — fewer than 1 percent of California attorneys hold this credential. She handles retaliation claims at the Van Nuys WCAB alongside the underlying injury claims, ensuring that both are pursued strategically and that the employer faces accountability on every front.
Yazdchi Law P.C. serves Valencia from our Palmdale office. If you have been fired, demoted, or otherwise punished for filing a workers' comp claim, your consultation is free, and representation costs nothing upfront.
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