Legal Question in Employment Law in California

Re: Steps to file wrongful termination or retaliation

The 132a is an exclusive remedy that deals with discrimination based on workers' compensation injuries and can only be addressed before a workers' comp. judge.

A civil suit for wrongful termination must be based on separate issues, such as disability discrimination or some other theory of law where the civil courts have jurisdiction. There are very specific statutes of limitation, some are one year from the time of discharge, so waiting until your 132a charge is resolved is not a good idea because your time may run out. Lawyers who consider taking on cases usually need time to investigate the facts before filing a lawsuit, so don't expect to walk in on the 364th day to file a claim.

Some lawyers do both workers' comp. and civil litigation. Many do not. If you are serious about pursuing a civil suit, you need to start talking to as many lawyers as you can as soon as possible.