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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I work for a BigLaw firm as assistant to the chair of the lit

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I work for a BigLaw firm as assistant to the chair of the lit dept. I've been with his for 10 years. Over the last two years I have been harassed by the HR Mgr. she makes up negative conversations with others and writes reports and puts them in my pers. file. The last two years my partner has given me way above average reveiws but the Hr mgr has found ways (using the other associates reviews) to give me a bad rating and 0% raise. I have filed rebuttals for two years and my partner has also filed a rebuttal to her reviews. I have sent the partner and the office OA emails letting them know I was being harassed by the HR mgr. The partner never responded to the emails. I even inquired into filing a harassment complaint against the HR mgr but did not want to do it, at that time. I was supended for three days two weeks ago for punctuality. Without pay. Tues-wed-thurs and due back to work on Friday. On thursday afternoon I sent in paperwork to the HR dept. for a LOA. I had dr. certificate for 90 days for severe depression, anxiety and stress. I'm currently on EED disability and on the FMLA leave. I am also going to file for LTD.
Question: (1) - Can I be fired while on leave?
2. - does the firm have any input into my filing for LTD?
3. - The director of our HR dept. said she heard I might file a claim of harassment against the HR mgr. and she sent me the paperwork and policies. Should I file the harassment claim? What would be the chances of taking the claim to arbitration/mediation and winning on loss of wages/punitive damages?
4. Should I file for workers compensation?
5. any suggestions about filing for the LTD to make my chances greater of getting the benefit?
6. Should I hire an attorney?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

1. No, you cannot be terminated while you are on FMLA protected leave for a disability.

2. No, the determination of whether you are eligible for Long Term Disability is made by the insurance carrier, not your employer.

3. Unfortunately, unless the HR Manager's harassment of you was based on a protected characteristic, it isn't illegal, so you can still file a complaint with HR, but you would be unlikely to recover for lost wages and punitive damages against the HR Manager or your employer for the claim.

4. Yes, I would recommend that you file for workers' compensation if you are unable to work due to your disability, and are not planning on being able to return to work in the near future.

I would suggest that you hire an attorney to assist in your workers' compensation claim.

You can find an attorney to represent you online here:

http://www.lawyers.com/Workers-Compensation/California/browse-law-firms-by-city.html

Since you don't have to compensate a workers' compensation attorney unless you are successful in obtaining a settlement or verdict in your favor, you have nothing to lose by hiring a workers' compensation attorney to assist you in filing your claim.

5. I cannot think of any additional suggestions for filing for Long Term Disability.

6. As I mentioned before, I suggest that you do hire an attorney to assist you in filing your workers' compensation claim.
Joseph, Lawyer
Satisfied Customers: 5146
Experience: Extensive experience representing employees and management
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Joseph
Joseph
California Employment Lawyer
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Extensive experience representing employees and management