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Filing a workers' compensation claim may subject employees to the risk of retaliation from an employer who does not want to pay the cost. It is illegal for your employer to terminate your employment in retaliation for filing a workers' compensation claim.The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. The worker claiming retaliation bears the burden of proof to establish retaliatory intent. Littler's Workers' Compensation Retaliation Survey. STATE. WC Anti-Retaliation or Discrimination Statute Scope and Damages of Statute. The short answer to this question is no, you cannot be fired for filing a workers' compensation claim. Yes. It is illegal for your employer to terminate your employment in retaliation for filing a workers' compensation claim. 132a claims are commonly venued before California's.