In a case where an employee is terminated after filing a claim, which outcome is possible?

• A. The 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 employer is guilty of a misdemeanor
• D. 50% increase in compensation

Answer: (C)

Terminating an employee after they file a workers’ compensation claim is illegal retaliation under California law. The state not only provides civil remedies for retaliation, such as reinstatement and back pay, but can also pursue criminal penalties if the retaliation is willful. A finding that the employer is guilty of a misdemeanor is a possible outcome because willful retaliation can be treated as a criminal offense. While reinstatement is a recognized remedy and may occur, the option highlighting a criminal misdemeanor charge reflects the potential for criminal accountability that the law allows in retaliatory terminations.