Where can i find a workers compensation attorney to handle 132a claim?

You may find workers compensation attorneys on this site, or from local bar associations or other referral sites. A discrimination action against an employee for filing a work related injury claim under Labor Code section 132a may also be litigated in a civil court, but it is rarely done. The workers compensation attorney handling your work related injury case can usually assists you with your 132a claim. What an attorney looks for in a 132a claim is the connection, or causation, between the work injury (or claim) and the reason why the employer discharged you, like a manager saying: "We fired you BECAUSE you got hurt at work and filed a claim." One issue that you present is whether an employee may discharge you for falsifying (or reasonably believing you falsified) your employment application, even if the evidence was acquired later (see After Acquired Evidence doctrine). The short answer is: "Yes, an employer may discharge you for falsifying, or believing you falsified, your employment application". Employment in California is governed by the principle that it is "at-will", which means the employer may discharge you at any time with or without cause or notice (with rare exceptions, like union jobs). However, an employer may not discharge you for an unlawful reason, such as to discriminate against you for filing a work related injury claim - 132a. After acquired evidence may be used by an employer to defeat your discrimination claim if the wrongdoing, “goes to the heart of the employment relationship.” For example, in one age-discrimination case the court held that a misrepresentation regarding work history on a 10 year-old application unrelated to reason for discharge does not justify the employer in discharging the employee, and the employer may be liable for a discriminatory discharge. The proper standard in analyzing an after-acquired evidence issue is whether the misconduct was of sufficient severity that the employee would not have been hired or would have been terminated for the misconduct alone. So, a truck driver concealing a DUI conviction on his application may be properly terminated because the employer needs responsible and sober drivers. Additionally, you insist that the alleged misconduct is false. While this may be interesting, whether or not the allegation is true is not controlling and may not be too important. An employer may rely on what it reasonably believed to be true in making employment decisions like a discharge, even if what it believed turned out to be untrue. An employer does not have to prove wrongdoing "beyond a reasonable doubt", but it may make decisions it reasonably believes (or even make employment decisions like discharge "at-will") - just so long as the decision is not made for an unlawful reason. Finally (or perhaps initially), I am concerned about your term "old files", since there are time limits that apply to bringing a 132a case. Labor Code 132a provides that this claim "may not be commenced more than one year from the discriminatory act or date of termination of the employee." The timing is a threshold issue that any good attorney would want to know first before fully getting into the facts of your case. I hope this helps, even if it may not be the answer you may have been looking for.

No lawyer is likely to take only the L.C. 132a claim without representing you on your entire w.c. claim. You need to get on the phone and start talking to the w.c. lawyers in the South Bay. There are some great w.c. attorneys in the South Bay. Find a good one here at www.attorneyqna.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral. Good luck.