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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33555
Experience:  Retired (mostly)
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Im currently working light duty, due to an industrial accident.

Customer Question

I'm currently working light duty, due to an industrial accident. My employer and their insurance co. have denied me going to work comp. Dr. appointments by scheduling me to work @ those times and want me to get off light duty. The insurance co. thinks I'm not injured, but the medical evidence says otherwise. Is there a way I can stand up to them? I have contacted HR and they have not responded in 6 weeks.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

California Labor Code 132a prohibits discrimination against an employee in retaliation for filing a workers compensation claim. Intentionally scheduling you for work whenever you try to make an occupational injury physician visit violates the law. In addition to giving you an increased claim of up to $10,000, plus $250 costs and expenses, the law makes your employer's alleged conduct a misdemeanor. You can file a petition for increased compensation with the workers compensation board (I strongly recommend that you hire a workers comp lawyer to assist with this) -- and you can file a retaliation/discrimination complaint for criminal prosecution with the Division of Labor Standards Enforcement (DLSE).

Hope this helps.
Customer: replied 1 year ago.

My employer is a very large company. They are mentally harassing me as well. I believe they are trying to make me quit my job of 38 years. I have a copy of an e-mail from a area supervisor that eludes to this claim. Is this also included in that section (DLSE) of the labor law?

Expert:  socrateaser replied 1 year ago.
Discrimination based upon age and/or disability is an entirely different issue. It is prohibited by both federal (Age Discrimination in Employment Act; Americans with Disabilities Act) and state (Govt. Code 12940 et seq.). Your complaint would go to the California Department of Fair Employment and Housing (DFEH).

You could also hire an employment rights attorney to handle the whole bag of worms. I provided you with a link to the certified referral services in my previous answer, but here it is again for your convenience (click here).

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33555
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you rated my service as "OK." Experience tells me that customers who rate at this level are generally not entirely satisfied with the service received. If you require further clarification or assistance with this question, please let me know and I will try to help.

Note: Please do not reply to this memo, unless you actually have a follow-up question. Otherwise, the system will force me to respond, even if you are simply saying, "no thanks."

Best wishes.

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