If an employer fires an employee for reporting an industrial claim, what should you advise the employee to do?

• A. Ignore the situation and continue working
• B. File a Labor Code 132A claim
• C. File a wage claim with the Department of Industrial Relations
• D. Pursue a civil lawsuit for criminal sanctions

Answer: (B)

Firing someone for reporting an industrial (workers’ compensation) claim is unlawful retaliation. California protects employees who file workers’ comp claims, and the proper remedy is to file a Labor Code 132A claim with the state Labor Commissioner (DLSE). This complaint specifically addresses discrimination for pursuing a workers’ comp claim and triggers remedies such as reinstatement, back pay, lost wages or benefits, and potential penalties against the employer.

Ignoring the situation won’t protect the employee or address the retaliation. A wage claim with the Department of Industrial Relations deals with unpaid wages or overtime, not retaliation for filing a workers’ comp claim. Pursuing a civil criminal action isn’t appropriate here, since retaliation for a workers’ comp claim is handled under civil labor protections, not criminal sanctions. Filing a 132A claim directly targets the unlawful discharge or discrimination and is the correct path to enforce the employee’s rights.