What recourse does an employee have if an employer fires them for reporting an industrial claim?

• A. The employee may file a 132A claim
• B. The employee must sign a settlement and accept termination
• C. The employee may pursue unemployment benefits only
• D. The employer's action is not legally challengeable

Answer: (A)

Retaliation for filing a workers’ compensation claim is illegal in California, and the employee has a specific remedy under Labor Code section 132a. This allows a civil action against the employer for discrimination or retaliation tied to exercising rights under the workers’ compensation system. If a 132a claim is successful, the remedies typically include reinstatement to the employee’s former position and back pay for lost wages, along with potential interest, and possibly attorney’s fees or other penalties. Unemployment benefits may be available separately, but they do not address the employer’s retaliatory firing. The employer’s action is legally challengeable under 132a, so it is not something that cannot be challenged.