Q: I won my workers comp case after 2 yrs. & need to pursue the 132a that was filed. My lawyer doesn't handle 132a.

A: 132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be a huge mistake.

The Fair Employment and Housing Act makes the exact same conduct unlawful, but has far better remedies. Under a 132a approach, the most you can get is a maximum of $10,000. Under the FEHA approach there is no maximum limit. Those kinds of cases can, in some situations, be worth ten times or more that amount.

The problem you might have is if you have lost your right to proceed under FEHA because you have waited too long to file an administrative complaint. Therefore you need to act immediately.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: The problem you have is that the real money in a 132a discrimination claim before the WCAB is an award of wage loss. In order to qualify for wage loss you must be willing and able to work. Therefore, any time you were off work due to your injury does not count. Otherwise, the maximum award is $10,000 plus $250 in costs. Then you must consider whether or not you can return to your old job with your permanent restrictions....

A: Sadly, you may have to proceed unrepresented. [You may even have a legal malpractice claim.] The Petition for 132a increases must be filed and served WITHIN ONE YEAR of the discriminatory action. So if you file the petition within one year of that termination and you didn't serve the petition on the corporation's Agent For Service of Process, the Statute of Limitations likely ran out. Maybe if you represent yourself and you show the judge you gave some written notice to the corporate officers that you were pursuing the 132a Petition, you might get around the one-year statute. But the employer has the right to defend the claim of discrimination under 132a timely and if it did not know that your plan was to pursue benefits under Labor Code 132a until just now and it has been 2 years, I fear the WCAB Judge will dismiss the petition for failure to pursue your rights timely (within one year). YOUR WORKERS COMP ATTORNEY HAD THE DUTY TO NOTIFY YOU OF THAT DEADLINE.