The best way to find out is to consult with an experienced attorney. During a free case evaluation at Arnold Law Firm, we’ll review the facts of your situation, explain the applicable law, assess the strength of your claim, and give you an honest evaluation of your options.
Not every injury or workplace dispute results in a legal case, and we’ll tell you honestly if we don’t think you have a viable claim. But many people have stronger cases than they realize — especially in situations involving insurance company lowball offers, employer retaliation, or injuries that seem minor initially but worsen over time.
Call Arnold Law Firm at (916) 777-7777 or submit a free case evaluation online. There is no cost and no obligation.
No. California Labor Code § 132a makes it illegal for an employer to terminate, threaten, or discriminate against an employee for filing or intending to file a workers’ compensation claim. If your employer fires you or takes adverse action because you were injured on the job or filed a claim, you may have both a workers’ compensation retaliation claim and a wrongful termination claim.
Remedies can include reinstatement, back pay, a penalty of up to $10,000, and costs and expenses up to $250. You may also pursue a separate civil lawsuit for wrongful termination in violation of public policy, which can include damages for emotional distress and potentially punitive damages.
Retaliation occurs when your employer takes an adverse employment action against you because you engaged in a legally protected activity. Protected activities include filing a discrimination or harassment complaint, reporting wage violations, filing a workers’ compensation claim, taking FMLA/CFRA leave, reporting workplace safety hazards, refusing to participate in illegal activity, and cooperating in a government investigation.
Adverse actions aren’t limited to termination. They can include demotion, pay cuts, schedule changes, negative performance reviews, hostile treatment, reassignment to undesirable duties, or any action that would discourage a reasonable employee from exercising their rights.
California courts take a broad view of what constitutes retaliation. If you suspect you’re being retaliated against, document everything and consult an employment attorney before the situation escalates.
No. California has some of the strongest whistleblower protections in the country. Under Labor Code § 1102.5, employers are prohibited from retaliating against employees who report suspected violations of law to a government agency, law enforcement, or a supervisor. Retaliation includes termination, demotion, reduction in hours, pay cuts, reassignment, threats, and other adverse employment actions.
If your employer retaliates against you for whistleblowing, you can file a complaint with the California Labor Commissioner or pursue a civil lawsuit. Remedies may include reinstatement, back pay, front pay, damages for emotional distress, and attorney’s fees.
Additional anti-retaliation protections exist for employees who report workplace safety violations (OSHA complaints), file workers’ compensation claims, report wage theft, or participate in investigations or lawsuits against their employer.
California is an “at-will” employment state, which means employers can generally terminate employees for any reason or no reason. However, there are important exceptions. Termination is wrongful if your employer fired you:
If you believe you were wrongfully terminated, document everything, preserve any relevant communications (emails, texts, performance reviews), and consult an employment attorney promptly. California has strict deadlines for filing employment claims.
A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.
Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.
The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.
The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.