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  1. #1

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    Aug 2010
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    Filed wc stress claim but wish I hadn't now

    Jurisdiction / State: California

    Really appreciate any advice on this:

    I complained to HR about wage/hour violations and hostile wk environment which resulted as consequence of such one day, i.e., I complained because I couldn't take it any more not because I am overly sensitive or whiny. In fact, my history backs that up. HR met with witnesses who all confirmed. It is common and documented by others there as well so they are very well aware it is happening. Immediate retaliation started. 20+ meetings with supervisors and other officials were apparent and obvious to all. However, the "investigation" of my complaints were done in 2 days. When HR finally met with me they told me supervisors had been spoken to and issues would not happen again. I followed up with a memo about our meeting the next day to which they never responded to.

    2 weeks later was given a warning full of blatent lies including the complaints I reported to them as the reason I was getting warning. The accusations were very easily disproved but I was not allowed to do. I was told I had to sign warning or could resign and sign release that included small sum of money - no health insurance that would end the next day. Was given to the end of the day to make my decision which was 30 minutes at that time. I resigned because I couldn't get out of there fast enough at that point and was not going to sign warning packed full of lies. I did not execute the release or accept any money. When I received final paycheck a notice was included that I was to sign listing the reason for end of employment as "DISHARGED".

    After learning that I had been fired on top of everything else I slept about 4 hrs in 2days. I had an 30 year excellent work history prior to this job that I was at less than 1 year that they have now ruined.

    At the suggestion of a friend I called a WC atty who said I had a very good wc claim and could also get TTD. I told him I was most interested in filing a Wrongful Termination case and/or something that would restore my character and make them at the very least take back lies and firing. He said I could still do that in addition to WC claim and his office was affiliated w/labor attorneys and to call them. I did but was told by paralegal that they wouldn't be able to take case.

    My wc claim consists mostly for stress. I know nothing about WC and just get more confused the more I read. I do realize now however that it is going to have the complete opposite effect of what I was trying to accomplish, specifically maintaining my good reputation so that I can get a job in the future. I left a message for my atty that I want to cancel wc claim and was told today an attorney from their office will call me on Friday.

    I have contacted SDI and told them I want to cancel wc claim and asked if I would still be eligible for SDI. They are sending form but said if it is work related I can have to do thru WC which from what I have read is true. I can't say they didn't contribute to my mental state because they did. I am also confident that I want to pursue a civil action - I know that won't look good either but is the only way I can defend myself and from what I see, a WC claim will affect my ability to do so.

    First question is: what is the best way to remedy this or is that just not an option now that I filed a WC claim? It was just filed. The insurance co. has denied and I have 2 days to pick a QME or they will pick one for me.

    Second question: My atty's office said I didn't have to reply but I want to go to my dr. so shouldn't I respond? I've been to one of the atty's doctors but so far have been paying out of pocket for my psychiatrist and general doctor who I have been seeing once a week.

    I am willing to withdraw WC claim even though it will cause me even greater financial burdens but obviously I need income and want to get if I can. Needless to say, I can't get unemployment because I can't work. And I'm worried SDI is going to say this is a WC claim. I need income so I can have time to put myself back together and move forward. Also, if I had previous ptsd would SDI accept that and allow me to collect then or will the fact that my employer contributed to my current state override that? It's very apparent they did (there's a lot more to story) so I don't see that I will be able to get around it.

    Again, REALLY appreciate any advice, thoughts or anyone who has had a similar experience and what the results/ramifications were.

  2. #2
    Registered User Learned Member
    theretoo's Avatar
    Join Date
    Aug 2009
    northern ca
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    Sounds very NOT drop the WC claim at this point would be my suggestion (personal opinion, I am not at atty).

    File a complaint with the DFEH in CA with a complaint of disability discrimination, retaliation, etc.

    Do continue to contact employment law atty's (look for plantiff only atty's) who will take your case. A lot of them will take cases on contigency fee basis.

    But you must file with DFEH. Ask your WC atty about how that impacts your WC case. WC is long, arduous process and your rights are probably better protected under DFEH.

    Also ask about Constructive Discharge, in your case with an employment law atty. I have a very similar case, I had filed with DFEH. Employer refused to respond to DFEH after about 8 mos. so my atty and I filed suit.

    We are in the midst of "discovery" in the case at this point and headed toward mediation.

    Your employer knows that if they force you to quit, even with Cnostructive Discharge (wrongful termination, forced to quit) that they will most likely not have pay punitive damages, if they are taken to court.

    It's all a matter of cash to them. Money is the root of all evil in employment and makes employer's make very bad employment decisions. Contact an atty ASAP (or several).
    Last edited by theretoo; 09-13-2010 at 03:33 PM.

  3. #3
    Registered User New Member

    Join Date
    Sep 2009
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    I would follow your attorneys instructions and worry about you and no one else, they shafted you already and they will do it again.
    Protect your rights and continue with your case.

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