S.O.L. ON 132a CAN BE TOLLED
Normally a L.C132a claim must be filed within one year of the alleged wrongful conduct, which however may be suspended or tolled if the employer was timely aware of the potential discrimination allegation while the worker is pursuing alternative remedies.
In Faizah Dean v.WCAB (2020 Cal. Wrk. Comp. LEXIS 97) the applicant was a lineman apprentice who was terminated in 2011 for poor job performance and various safety violations. She then filed a work comp claim, but the WCAB found no injury and issued a take-nothing decision against the applicant.
After the failed work comp attempt, the applicant then switched gears by filing various civil complaints alleging "safety violations", which was then followed by the filing of a L.C. 132a claim in 2013 for alleged discriminatory conduct (i.e. being fired allegedly after filing an injury claim, even though the claim was filed after her termination for just cause).
The WCAB held the LC 132a claim was barred by the statute of limitations, because there was no showing that the applicant's pursuit of civil remedies regarding "safety violations" provided timely notice to the employer of a potential discrimination allegation.