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Serious & Willful Misconduct, L.C. 132(a) Discrimination Defense
Mullen & Filippi attorneys are experienced in providing effective representation to employers on claims filed under these statutes. By law, these claims are not insurable and can be potentially costly to an employer, who pays for any award.
If serious and willful misconduct is found to have occurred, the amount of compensation otherwise recoverable shall be increased 50%, again paid by the employer. It is important for employers to have competent and experienced counsel if they are involved in these claims.
If an employer is found in violation of Labor Code Section 132(a), the employee’s compensation shall be increased by 50%, but in no event more than $10,000. Any such employee may also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by a violation of the statute. It is important for employers to have competent and experienced counsel if they are involved in these claims.