An employer tells you they fired an employee for reporting an industrial injury. Which action should you advise the employee may pursue?

• A. Advise them they may face a wrongful termination action.
• 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 to pursue general damages.

Answer: (B)

Retaliation for filing a workers’ compensation claim is illegal under California law. When an employee is fired for reporting an industrial injury, they may pursue a civil action under Labor Code section 132a. This provision provides a remedy for discrimination or retaliation tied to a workers’ compensation claim, typically allowing reinstatement and back pay (and can include interest and attorney’s fees). The workers’ compensation system itself is an exclusive remedy for the injury, so ordinary tort damages aren’t available through it. Punitive damages or general damages aren’t the standard relief in this context, and while wrongful termination is a broad concept, the specific protection and remedy for WC retaliation is the 132a claim.