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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4821
Experience:  Extensive experience representing employees and management
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I was recently laid-off from my job of 23yrs at Dennys. I had

Resolved Question:

I was recently laid-off from my job of 23yrs at Dennys. I had a state case that recently closed and it is my belief that i was laid off due to my state case. Also, in March, I had hurt my back and reported it. i did not seek medical care at the time, although I did tell them that my back was still a little sore and I had numbness in all my fingers. On Wed. April 24th, HR and the District Manager that I needed to reopen the case. They did not reopen it, but on the 25th, my offical termination date, i contacted the corp. person, via email, and told her to re-open the case. I am seeing a workers comp doctor now and they confirmed I was hurt on a work-related injury, but that I cannot accept employment while on a WC claim, yet how can I make money if I cannot work, also, I cannot collect disability either.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm very sorry to hear about your situation and hope I can help.

 

What question do you have regarding your situation?

 

Are you unable to work due to your injuries, or are you able to work with restrictions?

Customer: replied 1 year ago.


I am on modified duty, but cannot apply for a new job on modified duty.

Customer: replied 1 year ago.

Well, also, I wanted to ask, what is the next step I need to take. I have a right to sue letter from the Fair Housing and also one from the EEOC. They were clearly retaliating against me as they told me my position was eliminated; yet they retained the 'newer general manager they brought to my store, who made the same $ as me and spent all the profit, to which I have proof, and then blamed me for the lost of revenue. I also have a email from my former boss that he, the new general manager, would be responsible for the financial results of the unit and he would be in charge; yet , when I got my review, they held me accountable and then laid me off.


As for the workers comp, since my offical date of term was the 25th, and on the 24th i requested they reopen my case, I was wondering if there was anything I could do for that. I am on modified duty, but the doctor said I would have to disclose to any new employer that I am currently recieving care for a workers comp claim. Who would hire a person on modified duty with a claim?


 


I don't know what rights I have or what steps I should take. I have mountains of paperwork showing I was harrassed and forced from my job of 23 years. What steps do I need to take. They offered me a severance, but if I sign, I give up any rights to do anything., I don't know if that includes the workers comp rights as well.

Expert:  Joseph replied 1 year ago.

Hello Catherine,

 

You need to find an attorney to represent you if you are going to pursue a discrimination case for violation of the Fair Employment and Housing Act or Title VII.

 

I highly suggest that you hire an attorney who works on a contingency basis, so you only have to pay the attorney if you receive a settlement or a verdict in your favor.

 

The following is a list of a few places on the internet where you can begin your search:

 

www.avvo.com

 

www.lawyers.com

 

www.martindale.com

 

You have to disclose that you're on modified duty for liability reasons. While it is unlikely that you'd be able to find a job on modified duty it is worth searching.

 

Additionally, your injury constitutes a disability, so your employer cannot deny you employment based on the disability unless it would be an undue burden on the employer to provide you with a reasonable accommodation of modified duty.

 

Your severance agreement would give up your rights to any claims that it mentions. Most include any and all claims that you have or may have against the employer, so that could waive your future rights to workers' compensation.

 

I hope the above information is helpful.

 

Please let me know if you have any questions.

 

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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