California places numerous employment law and insurance burdens on business enterprises. The best way to avoid problems in these areas is to comply with both the letter and spirit of the law.
Sacks & Associates, an experienced workers’ compensation law firm, can provide counsel to help employers with compliance. When the firm’s clients are accused of violations of California Labor Code Section 132a or serious and willful misconduct, the attorneys energetically defend the rights and interests of the clients.
By enacting Labor Code Section 132a, the state of California made it public policy that employees who file workers’ compensation claims should not suffer reprisals or discrimination. Employers who do discriminate or retaliate against employees because of the filing of workers’ comp claims or expressing their intention to do so face the prospect of costly fines and the possibility of employee lawsuits. Sacks & Associates, defends clients facing these accusations of discrimination or retaliation.
Even if an employee was discharged for a legitimate business reason or personnel issue, the legitimate reason can be difficult to prove. The law firm thoroughly investigates the accident and injury, the employer’s human resources policies and procedures, and the exact events leading up to the discharge or other negative consequences. By building a defense from the ground up, Sacks & Associates, maximizes the likelihood of a favorable outcome.
Section 132a claims are challenging because of subtleties in how the law is written. These are the types of cases where it really helps to have a Certified Specialist in Workers’ Compensation on your side.
We will examine the circumstances surrounding the claim. For example, an employer who does not give special privileges to an injured employee is not necessarily breaking the law. When possible, we will draw distinctions between changes in personnel policy, which may be permitted and treating an employee differently because of the injury. We will leverage the facts of the case to your advantage.
We also provide representation to employers concerned about avoiding 132a claims. We can provide guidance about how an employer should address performance concerns of an employee who has filed a workers’ compensation claim. Proactive involvement of an attorney can be extremely valuable in helping an employer thwart a discrimination claim.
Our goal in every case is to protect the rights and interests of our client, the employer, and to minimize any resulting fines or penalties – if not to achieve the employer’s vindication.