An employer calls and tells you they fired an employee for reporting an industrial injury. You should:

• A. Advise them they may face an action for wrongful termination
• B. Advise them the employee may file a 132a claim
• C. Advise them the employee may file a claim in Superior court for punitive damages
• D. Advise them the employee may file a claim in Superior Court for general damages

Answer: (B)

Firing an employee for reporting an industrial injury is prohibited retaliation under California Labor Code 132a. The proper response is that the employee may file a 132a claim with the Workers’ Compensation Appeals Board, which handles discrimination or retaliation cases related to workers’ compensation claims. This remedy is specifically designed to protect workers who exercise their right to benefits, and it can lead to remedies such as reinstatement, back pay, and medical treatment, along with penalties to the employer. It is not pursued as a civil action for punitive or general damages in Superior Court, and while a separate wrongful termination claim might exist in other contexts, the formal remedy for retaliation tied to a workers’ comp claim is the 132a path.