How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4987
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I need a good plaintiff attorney for employment law in northern

Resolved Question:

I need a good plaintiff attorney for employment law in northern california. Have DFEH investigation accepted/pending. Employer retaliated for my speaking out against wrongful termination of another employee - but then I got cancer. They took away coverage for my chemotherapy, added a commute to my schedule, and refused to accommodate. I discovered the Exec Director committed a criminal HIPAA violation by studying medical claims of all employees to find the policy to exclude my coverage and now I filed a complaint with the office for civil rights. Employer responded by placing me on administrative leave, took my work cell, lap top, keys, and escorted me off the property for unexplained "concerns." I am now on medication for panic/acute anxiety. I cannot go back. What should I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

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

 

Unfortunately, JustAnswer experts cannot tell you what you should do, since that constitutes legal advice instead of legal information.

 

However, I'd be happy to answer any questions that you have regarding your situation.

Customer: replied 1 year ago.

I would like to know who I should talk with about my situation. Can you help me with that? Are you available to help a plaintiff in Mendocino County? Can you make any referrals?


 


 

Expert:  Joseph replied 1 year ago.

Hello Sarah,

 

No, unfortunately, it is against the rules of the site to make any specific referrals, although I can give you a few starting points.

 

Also, justanswer experts cannot make contact with customers outside of the site.

Customer: replied 1 year ago.
Relist: Incomplete answer.
I need some suggestions as to what I should be thinking about with my situation.
Expert:  Joseph replied 1 year ago.

Hello Sarah,

 

Although I cannot tell you specifically what to do, I can give you some suggestions.

 

1) You need to wait till you receive your right to sue authorization from the DFEH (or a notice that the DFEH is pursuing a complaint on your behalf) to pursue with any legal action against your employer.

 

When you receive your right to sue notice, you should hire an attorney on a contingency basis to represent you, so you only have to pay the attorney if you receive a settlement or a verdict in your favor.

 

You can find an attorney to represent you online here:

 

www.lawyers.com

 

www.martindale.com

 

www.avvo.com

 

2) In the meantime, you should definitely file for disability benefits if you haven't done so.

 

3) As far as the reports written by attorneys of the company, unfortunately, you are not entitled to a copy and will not receive one. In fact, if the attorney were to disclose a copy to you, he or she would have committed an ethical violation by disclosing information that is privileged between him and/or her and the company.

 

However, if you were somehow led to believe that the attorney was acting in your best interests (by the attorney him/her self), you could file your own complaint with the bar or malpractice action against the attorney.

Customer: replied 1 year ago.


Thank you for these suggestions. I have a couple of further questions and appreciate you.


 


I submitted a claim for worker's compensation, asking (at this point) just for psychiatric care re: panic/anxiety treatment needed. I submitted the claim a week ago and have heard nothing from my employer or the carrier. I wish to assert that my disability (panic) is caused by my employer. If you have any comments on this, I would like to hear them. From what I understand California allows for worker's compensation liability for emotional distress. I believe I should not be limited to the SDI level of payment for my disability because of employer fault.


 


Second, if I hire an attorney would he/she be able to compel (through court or otherwise) that my company's attorney produce a copy of her investigation/report?

Expert:  Joseph replied 1 year ago.

Unfortunately, if you choose to file a worker's compensation claim, and go through workers' compensation, you would no longer be eligible for SDI benefits, since those are for disabilities unconnected to work.

 

I highly suggest you speak to a workers' compensation attorney about doing so. It is definitely possible to prove a connection between your anxiety and your work, but workers' compensation traditionally doesn't provide for a lot of money based on emotional and psychiatric disabilities, unless you could prove you are no longer to be able to work due to them.

 

No, an attorney cannot be able to compel a report that is done for the client, since that is a privileged document. The only instance in which privileged and confidential documents can be disclosed is malpractice actions against an attorney (in which case the documents prepared by the attorney can be disclosed to the court).

Expert:  Joseph replied 1 year ago.

Please remember to rate my answer positively so I get credit for my work!

 

If not the website recoups your entire deposit and I receive nothing for assisting you. Trust me when I tell you that I need the money more than they do, so I'd greatly appreciate your accept!

 

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4987
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.