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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1949
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am an exempt status eployee and I have a workers compensation

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I am an exempt status eployee and I have a workers compensation case against my employer, and I am currently on FMLA dissability for a condition that could be work related, and i am not sure if I should file a new claim or not because of my circumtances. It cause me to go to ER and I been bill $15,000 for it.. I am getting laid off with several of my co-eployees next week, due to a down sizeing and out soursing. I have been offered a Severance package and release agreement. I am being asked to give up all my rights to any exsisting claims and future claims that I may have. In addition to that all of my co-workers were offered jobs replacement interviews with an independent contractor, whom was awarded the contract by the company. They have all been given a the same position they previously held and my possition was offered another person and which he acepted , but I have not officially given the same opportunity.They are claiming that because I am on dissability, there cannot give me the offer.I have been an exemplory employee for 10 years but I am feeling retaliated upon due to my workers comp status. What are my options? Sholud I negotiate a better package for myself or file discrimination law suit?Please advise. Thank you very much.

Under FMLA and CRFA, you are protected from being discriminated against as a result of your temporary disability. However, it is not illegal to terminate an employee while they are on leave, it is illegal to terminate an employee because they took leave. Because you stated that everyone else was re-hired you have a strong argument that you were being discriminated against and this is why you are being let go, but it is not a guarantee. Concerning your question as to what to do, the choice is completely up to you, but there are a few things to consider.

1. You will first need to file a claim with the EEOC or California Labor Board. Then you will receive a letter to sue in which you will need to progress through the stages of litigation. This is time consuming, but may yield a higher reward.

2. I do not know what your current severance package states so I cannot tell you if it is a good idea or not. However, once you sign you loose all right to sue. While you can definitely attempt to renegotiate something, once you sign the severance package that is it. If the severance package is for six months or more, it may be something you want to consider.

In this situation, you should try to renegotiate the severance package, and speak to an employment attorney in your area. They can go over your salary and your situation and decide which will result in a higher payout. If you decide to speak to an attorney, a great resource is This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

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