Workers' Comp Retaliation Lawyer in Ventura, California

Workers' Comp Retaliation Lawyer in Ventura, California

California law is clear: your employer cannot punish you for filing a workers' compensation claim. Labor Code section 132a makes it a misdemeanor for any employer to discharge, threaten to discharge, or otherwise discriminate against an employee because that employee filed or expressed an intent to file a workers' comp claim. Yet retaliation happens in Ventura workplaces with troubling regularity — and when it does, Yazdchi Law P.C. holds those employers accountable.

Retaliation in Ventura takes many forms depending on the employer and industry. Government employees at the Ventura County Government Center may find themselves reassigned to less desirable positions, passed over for promotions, or subjected to disciplinary scrutiny that began only after they filed a claim. Healthcare workers at Community Memorial Hospital may be denied shift preferences, excluded from overtime opportunities, or subjected to performance reviews that conveniently coincide with their workers' comp activity. Small business employees along Main Street and Thompson Boulevard — restaurant workers, retail staff, office employees — may simply be fired outright, with the employer offering a pretextual reason that does not withstand scrutiny. Oil industry workers may be removed from job sites or not called back after recovering from an industrial injury.

Attorney Eman Yazdchi is a Board-Certified Specialist in Workers' Compensation Law, certified by the State Bar of California. We pursue 132a retaliation claims as an integral part of our workers' compensation practice because retaliation directly undermines the entire system. If workers are afraid to file claims because they fear losing their jobs, the protections of the Labor Code become meaningless. We refuse to let that happen.

The elements of a 132a claim require showing that the employer took adverse action against you and that your workers' comp claim activity was a motivating factor in that action. Direct evidence of retaliatory intent — a supervisor telling you that your claim is causing problems, for example — is ideal but not required. Circumstantial evidence is often more than sufficient: the timing between your claim and the adverse action, differential treatment compared to employees who did not file claims, and the employer's departure from their own policies or practices.

Our firm serves clients in English, Spanish, and Farsi, and we handle 132a claims on a contingency basis — no fee unless we obtain a recovery for you.

What to Expect in Your Ventura Workers' Comp Retaliation Case

We begin every retaliation case by meticulously documenting the timeline and the evidence. When did you file your claim or tell your employer you intended to file? What adverse action did the employer take, and when? Has the employer treated you differently from similarly situated employees who did not file claims? Are there witnesses — coworkers, supervisors, or others — who observed the retaliatory conduct or heard statements reflecting retaliatory intent? We gather personnel records, email communications, and any documentation that establishes the pattern. We then file your 132a petition with the Oxnard WCAB and prepare for a hearing. If we prevail, the available remedies include reinstatement to your former position, back pay for all lost wages, increased compensation of up to $10,000, and recovery of costs and attorney fees. For Ventura workers who have been punished for doing nothing more than exercising a legal right, the 132a process offers real accountability — and we pursue it aggressively on your behalf.