What should you advise an employer who fired an employee for reporting an industrial injury?

• A. They may face an action for wrongful termination
• B. The employee may file a 132a claim
• C. The employee may file a claim in Superior Court for punitive damages
• D. The employee may file a claim in Superior Court for general damages

Answer: (B)

The correct response is based on the legal protections afforded to employees who report industrial injuries. When an employee reports an injury that occurs in the course of their employment, they are protected under Workers' Compensation laws. In particular, section 132a of the Labor Code specifically addresses the ramifications for employers who retaliate against employees for claiming benefits or reporting workplace injuries.

If an employer chooses to terminate an employee for exercising this right, the employee may file a claim pursuant to section 132a, which allows them to seek remedies for wrongful termination or discrimination related to their workers' compensation claim. This claim highlights the importance of an employee's right to report injuries without fear of retaliation or job loss, reinforcing the legal frameworks in place to protect workers in such situations.

The other options, while they might touch on potential actions an employee could take, do not specifically relate to the unique protections established under section 132a for instances of retaliation related to worker's compensation claims.