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Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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Is it possible to be put on disabilty if I have been threatened

Customer Question

Is it possible to be put on disabilty if I have been threatened at work of being "put in a box" because of this other statements off being "kicked to the curb" or I am trying to protect you from our board memeber who is a cop. These statements have caused nightmares and in general I am suffering because I cannot sleep. I am seeing a doctor tomorrow for evaluation. What does the doctor need to do and is it possible to sue for emotional distress? Please help.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Legal Counsel replied 1 year ago.

Legal Counsel : Hello this is Law Review again. I am pleased you are
Customer:

Ok I am here

Legal Counsel : Hello. This is La Review again, I am pleased you are goin to meet with the doctor tomorrow. That is indeed the best first step to going on disability. If you feel the threats to your safety are real and you feel like you are in " imminent danger," you should file a police report so that you have a record of the threats.
Legal Counsel : The particular statements have to be understood by you to be real threats to your safety. Even if the police don't believe the statements are actual threats to your safety, please strongly consider obtaining a restraining order against those who are threatening you.
Customer:

ok

Legal Counsel : This will require them, by court, order to stay a certain distance away from you. I don't believe a court can prevent them from actually saying" anything to you, because of persons' First Amenment Rights, but the court can certainly protect you from their physical presence.
Legal Counsel : You may also have a claim against them for " intentional infliction of emotional distress" depending on the cicircumstances of your relationship to them and if you can show they intended to cause you emotional distress, under the circumstances.
Customer:

Ok but these people work in the same office that I work in. I really do not want to go back to work because I am worried that something will happen to me. I am suffering from headaches and stomach pains. Another attorney said I should sue for IIED but it is based on extreme distress. He also said it is hard to win a case like that. If my evalation by the doctor claims IIED can I get off work into disabilty?

Legal Counsel : You should meet with an attorney about filing such a claim. The attorney will be able to tell you for certain whether you have such a claim against them. Most personal injury attorneys will review your case free of charge in order to determine whether you should pursue such an action.
Customer:

Having my evaluation done first would help my case with my lawyer ... right?

Legal Counsel : You should have no problem whatsoever going on disability and don't have to show IIED to justify a disability claim. It is wrong to say that you have to show IIED to justify a claim for disability.
Legal Counsel : Plus, your doctor's note depending on what the doctor's note says may help you with a IIED claim. But a doctor cannot reach legal conclusions in his note, although he can say the conditions of your work are causing you extreme distress.
Legal Counsel : It seems your main concern is to not have to return to work, and the disability claim will accomplish that.
Legal Counsel : If one of the persons who you believe threatened you is a police officer, you should file a complaint with the police commissioner so they are put on notice of the conduct of one of their officers.
Legal Counsel : I would be careful about the police officer because he has the means to make your life miserable out side of just making threatening statements to you,
Customer:

I agree

Legal Counsel : . And you want to be sure to notify his commanding officers about his conduct. What is the police officer's relationship to your work? Is he a friend of your boss and has made it his business to scare and threaten you.
Customer:

He is one of our board members and my boss tells him everything and I am tired of hearing how my boss is trying protect me against him when both them want me gone.

Legal Counsel : If he is not someone you work with, there is even a stronger reason to report him. You do want to be careful of him. Reporting him to his supervisors will put them on notice and may cause him to be reprimanded.
Customer:

Before I do that I need to be on disablity because if I do that they will retailate against me.

Legal Counsel : If you are also concerned that they are trying to " get rid if you," and by that you mean terminate your employment,, your disability claim will protect you from being fired while on disability. Again, unless they have proof of your poor performance or some other valid reason that I documented in your personnel file , they cannot fire you for the simple fact of being on disability.
Customer:

They could go after my attendance since my dad is not able to take care of himself. That is their only out on me.

Legal Counsel : That should say " that is documented in your personnel file" not "that is documented I your personnel file."
Legal Counsel : If you documented that you needed to be out of work for a family emergency and they knew it and didn't say no you can't take time off to care for your father, they shouldn 't be a ble to use that as a reason.
Legal Counsel : Plus, did you have sick time or personal days that you used to take care of your father?
Customer:

Yes but the did not like that I exhausted all of my sick time even though that is what it is used for.

Legal Counsel : It doesn't matter that they didn't like it. You were entitled to it and they cannot fire you for using it.
Customer:

I agree but they use that against me when I questioned other employees were using sick time they no longered have. They were using hours that they did nit have. I documented all of that and asked why this was happening and a copy of the policy where it is allowed for other employees. That is when our temp Superintendent said, "I am going to put you in a box" He knew what he did was wrong but was mad that figured it out.

Legal Counsel : In my " opinion" (and I don't mean legal opinion) after you meet with your doctor , you will have taken the first right step in gaining your disability and a way to get awat from there. It will be interesting to see if they hassle you while you are on disability.
Customer:

Ok are you there?

Customer:

Thanks for your help

Legal Counsel : If they do, you will have a stronger claim for retaliation and / or IIED. do you plan to see an attorney after you meet with your doctor?
Legal Counsel : Hello I'm so sorry that last reply did not come though earlier. My computer locked up on me and I c
Legal Counsel : I couldn't for the life of me get it to send my reply. I sincerely apologize. Please forgive me. Do yo have any moe questions. Please do ask them. Hopefully you will see this in the morning.
Legal Counsel : I want to make sure I have answered your questions. I'm so sorry for that delay in answering your question while we were in the chat.
Legal Counsel : I'm so sorry for the typographical errors above. The " chat" format does not have a spell check feature and I am not the best typist. I am available if you have any further questions or concerns.
Customer:

I would like to give you postive rating but this service will not let me?

Legal Counsel : I think I have to switch it to allow the rating feature. Do you mind trying again?
Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.


For the disabilty claim it says that I have to be off for eight days to file for disabilty is that correct? Also does the doctor need to sign the disabilty form or is note from her good enough?

Expert:  Legal Counsel replied 1 year ago.
I AM SO SORRY THAT THIS IS COMING THROUGH IN ONE PARAGRAPH. I HAVE TRIED AND TRIED TO SEPARATE THE PARAGRAPHS BUT THE FORMAT WILL NOT ALLOW ME TO DO SO. PLEASE FORGIVE ME FOR THE INFORMATION COMING THROUGH AS ONE BIG PARAGRAPH. I am sending you information directly from the California State Disability website: ( yes, there is a certain waiting period. Do you have sick leave available to use to supplement those eight days? Please let me know if you need more information than is provided below. Also, do not hesitate to call the EDD if you need specific assistance regarding your specific circumstances. It can be complicated depending on your circumstances. For example, there may be a longer period avaiable but you have to meet certain requirements only the EDD will be able to determine. They are there to help you. ) .REQUIREMENTS: 1). You must be unable to do your regular or customary work for at least eight consecutive days. .2) You must be employed or actively looking for work at the time you become disabled. 3) You must have lost wages because of your disability or, if unemployed, have been actively looking for work. 4) You must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during a previous period. 5) You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.). 6). You must remain under care and treatment to continue receiving benefits. 7) You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits. 8) Your doctor must complete the medical certification of your disability. 9) If you are under the care of a religious practitioner, request a “Practitioner's Certificate,” DE 2502, from the SDI office. Certification by a religious practitioner is acceptable only if the practitioner has been accredited by Employment Development Department.). YES. YOU SHOULD HAVE THE DOCTOR FILL OUT THE FORM SO THAT THERE WILL BE NO QUESTION THAT YOU FOLLOWED ALL THE INSTRUCTIONS. ( I PUT THAT ANSWER IN ALL CAPS SO IT WILL STICK OUT FROM THE PARAGRAPH).
Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks ..... I do have sick days but I will run out by next week. I do have vacation time but I do not know if they will let me use it?

Expert:  Legal Counsel replied 1 year ago.
It wouldn't hurt to ask. Some employers don't allow employee's to use vacation time for sick time but if you need the income now and cannot afford to miss some days of pay, I don't believe it will hurt to ask. How much vacation time do you have accrued? Also, this is very important - an employer may not have a "use it or lose it" policy regarding vacation time. So for example if you haven't used all of your vacation at the end of the year, the employer must allow you to carry it over to the next year, or they have to pay you for it. They cannot take away the compensation you would be entitled to for your vacation time if you don't take your vacation. So for example, if you have an extra week of vacation that you have not used by the end of the year, you are allowed to carry it over or get paid for it. So if you have some extra vacation time that you want to use during the time you are off for disability , try asking if you can use it for those days that aren't covered by your sick leave and disability combined. The employer can restrict how you use your vacation, but they cannot take it away from you if you haven't used it by the end of the year. I hope this information is helpful to you. Thank you again so much for accepting my answers and for your generosity. I greatly appreciate it. If you are able to "Accept" my answers here, please accept my humble gratitude in advance. I am not sure what messages you receive from the site after I send my answer. Best regards.
Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I plan to see a lawyer this week and present my case to him or her. I will let you know how it plays out. Thanks

Expert:  Legal Counsel replied 1 year ago.
I'm pleased you will go meet with an attorney. As we discussed in our earlier discussion. In which I state: "You should meet with an attorney about filing such a claim. The attorney will be able to tell you for certain whether you have such a claim against them. Most personal injury attorneys will review your case free of charge in order to determine whether you should pursue such an action."

The attorney will be the best person to be able to tell you specifically how to proceed with a civil action against those who have threatened and harassed you, giving you reason to file a civil action for intentional infliction of emotional distress based on your particular circumstances, all of which , unfortunately, cannot be provided over this public site. You will be able to discuss with the attorney in private and your communications will be privileged. Depending on your particular circumstances, the attorney may also determine that you have potential other claims against those persons. Be forthright with the attorney and give him or her ALL of the facts.

A good attorney will know what to ask you and what potential claims you may have. If you are dissatisfied with the first attorney, do not hesitate to meet with another one. You need to have confidence in the Attorney's skills and expertise.

Please do tell me how your meeting with the attorney goes. I am anxious to know you found one that you trust and have confidence in. I wish you the best.

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