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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31698
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I was injured at work last year. I was out of work for about

Resolved Question:

I was injured at work last year. I was out of work for about 7 months in therapy. From the very firs day I retuned to work I was harrased by my supervisor. I wrote many letters to HR about thi harrasment, about being sent home early eaven on my days to stay late, about being left out on equipment training and being the only one not given over time. This May I was terminated, and because I was terminated I was not able to recieve unemployment. I appeald my case and the verdic was over turned, It was not until I went to coart that I found out why I got terminated, So my question is, do I qualify for 132A
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

What was the reason given by the employer for your termination?

Customer: replied 1 year ago.

When I went to coart they said I took to long to answer a call. Not true

Expert:  Tina replied 1 year ago.
I see. That sounds like a pretty lame excuse doesn't it? It indicate to me that this is an employer who is not very sophisticated with regard to the law.

Yes, it does appear you could make out a violation of law based on retaliation for filing a worker's comp claim under CA Labor Code Section 132a.

Here is a link to that section:

http://codes.lp.findlaw.com/cacode/LAB/1/d1/5/s132a

This appears to be a classic case of retaliation and the fact you complained to HR on at least several occasions should aid you in proving your case since there should be documentation that can be retrieved from them through the discovery process if a lawsuit is filed against them.

I would recommend retaining a local employment law attorney to represent you in this matter. It may be that a demand letter from the attorney could resolve the matter once the employer is informed of your rights and what appears to be clear violations of state law, if they wish to avoid a lawsuit.

The state and local bar associations can provide you with attorney referrals.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 31698
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you

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