The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
June 1, 2020
Your Employer Can’t Punish You for Claiming Workers’ Compensation Benefits
Workers’ compensation insurance is one of the most important protections available to American employees. This insurance, carried by your employer, protects you from financial losses because of the work you perform at your job.
If you develop an illness because of your work or get injured because of an accident on the job, workers’ compensation can cover the cost of your medical care and also provide you with income during this difficult time.
Your employer should cooperate with you to help you get the benefits you need to help you recover and get you back to work. Unfortunately, some companies will choose to retaliate against workers who claim legal benefits instead of supporting them.
Retaliation Can Look Like Termination or Making Your Job Less Hospitable
Some companies will summarily fire a worker after that employee files a claim for workers’ compensation benefits. Other companies are more subtle in the way that they attempt to punish workers who assert their rights.
They might write that worker up for minor infractions that never received attention before or that other workers don’t receive punishment for committing. An employer could also give someone fewer work hours, worse shifts or harder tasks while on the job. Sometimes, they will belittle the worker in front of coworkers or otherwise try to make them feel unwelcome or unsafe at their place of employment.
If your employer has fired you or attempted to make your job miserable to punish you seeking workers’ compensation benefits, they violate your basic rights by engaging in illegal retaliation. Find out how an experienced advocate can help you see compensation for your losses and a measure of justice.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).