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132A Claims Attorney Rancho Cucamonga, CA & Inland Empire

Have you won a settlement or an award but your employer or insurer is determined to make you lose someplace else?

Although employees or insurance claimants may win their battles in the court, their employers or insurers may opt to seek retribution in the work place or through their insurance premiums. When employers and insurers zone in on particular employees and claimants, discriminating against them, the affected parties can pursue a 132A Claim.

The claim is called that way because it pertains to Section 132A of the California Labor Code. Kindly take note of the following situations covered by this section. Please understand that the notes in this article have been paraphrased for easier understanding:

A.)   An employer who fires, threatens to fire, or discriminates against an employee because the latter won a settlement or got awarded a victory in a case, has committed a misdemeanor. The employee in question is entitled to a 50% increase in compensation that can amount to but not exceed $10,000. Additionally, the employee can get reimbursements of up to $250 for expenses. He or she must be reinstated and reimbursed for lost wages and benefits by the employer.

B.)    An insurer who advises, orders, threatens, raises the premium or cancels the insurance coverage of an employee who expressed his intent to file a claim with his employer or the said employee won an award or a settlement, has committed a misdemeanor. The employee will get the same benefits as in the preceding paragraph.

C.)    An employer who fires, threatens to fire, or discriminates an employee because the latter has testified or will testify in an administrative board or appeals board hearing on behalf of another employee, has committed a misdemeanor. The testifying employee will be reinstated and reimbursed for lost wages and benefits.

D.)    An insurer who advises, orders, threatens, raises the premium of or cancels the insurance coverage of an employee because the latter has testified or will testify in an appeals board hearing on behalf of another employee, has committed a misdemeanor.

Increases in compensation will follow the stipulation as covered in paragraph A. For reinstatements and reimbursements of lost wages and benefits, the affected employee must go to the appeals board to have her or his case heard. Complaints must be made to the appeals board within one year of the act. If the misdemeanor is perceived to be criminal, the appeals board will refer the case to the Division of Labor Standards Enforcement or the public prosecutor.

If you think you have been discriminated in your workplace or your insurance coverage has been compromised due to discrimination, you are not alone. Our firm, Blomberg, Benson & Garrett, Inc., will listen to you and represent you. Our legal experience and expertise provide the only leverage you need when it comes to these kinds of instances.

Please do not hesitate to give us a call at 909-453-4370 or message us at our Contact Us page at any time. We will get in touch with you as soon as possible.