An employee is terminated following an industrial injury because he filed a claim for compensation benefits. The EE is entitled to:

• A. The EE's compensation shall be increased by one-half, up to $10,000, plus reinstatement and reimbursement for lost wages and work benefits
• B. reinstatement
• C. A finding that the ER is guilty of a misdemeanor plus a 50% increase in the employee's compensation
• D. a 50% increase in EE's compensation

Answer: (A)

When an employee is terminated for filing a workers’ compensation claim, California law provides more than just back pay and reinstatement. The employee is also entitled to a civil penalty for the employer’s retaliation. Specifically, the employer must pay a penalty equal to 50% of the compensation due, up to a maximum of $10,000, in addition to reinstatement and reimbursement for lost wages and work benefits. This means the total award includes an extra half of the compensation, capped at $10,000, plus the job reinstatement and any lost wage/benefit recovery. The remedy is a civil penalty, not a misdemeanor finding, and it must be awarded along with reinstatement and back pay.