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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Twelve years ago, 2001, I was forced to go on a disability

Customer Question

Twelve years ago, 2001, I was forced to go on a disability because my immediate supervisors thought I was trying to bring in a labor union. They were actually mistaken in that I proposed a change in our local management system to allow a "partial participation in management by the rank and file". They interpreted this proposal as try to bring in a labor union and initiated proceedings to remove, me, the threat to their power structure. Is there any legal action that can be taken at this late date?

It took over twelve years for my brain to recover from an industrial incident, at this employer, that exposed my brain to toxic fumes and also for my doctor to refute the diagnosis that resulted from the resulting behavior from my brain being deceased in decision making, which resulted in two safety incidents on my part, which prompted me to make the above change in our management system.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I'm very sorry to have to tell you, but the statute of limitations on any suit against the employer, or against anyone associated with the employer, for the events of some 12 years ago long expired.

Intentional tort lawsuits must be brought within 2 years now, but in CA 12 years ago, the requirement was that suit must be brought in 1 year.

Likewise, and claim for workers' compensation benefits must have been made within one year of the on the job injury or illness.

The botXXXXX XXXXXne is that it is too late to be able to sue anyone for what occurred some 12 years ago.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug
LawTalk, Attorney
Satisfied Customers: 27887
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 3 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Jack. It has been my pleasure to assist you.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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