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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5219
Experience:  Extensive experience representing employees and management
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In febuary o started being moniteres and alienated slowly and

Customer Question

In febuary o started being moniteres and alienated slowly and subtly then increasingly i was being treated as if i as invisible by managers and peers then basicly set up to fail i ended up in the ER for sumptoms of a hert atyack then march I had a death in the family I and found out my aunt who is essential myother is terminal ill and wil not recover and several other family issues I spoke to hr and she assured me not to worry she would irk with me but the harassment created a very hostile wrk environment and I starte getting headaches Dese Brian que no puede er a trabajar, quen tienes hombre o mujer no importa el English 7am aque en la casa
Ya acavo araceli
Help occupo a Brian o a Eric
Para Morpho
Marcale a brayan
Us estan en el trabajo de Milpitas
Aqui bamos
Aquien miro hay?Window washers and cleaners for to Oreos at 2 pm.

xxx xxxxx xxxxxx
xxxxx xxxxxxx ca 95051


Ok
Esta pidiendo Duran Venables alguen alas 7am con machine scrub bano y les van Adar la yave mañana 7am Gracias Brother
No creo a esa hora
Poder
Es lo ultimo que va pider Cameron 7am si puedes
Por q lo Ultimo?
Lo ultimo de andar piediendo movimientos asi
A ver si puedo por q a esa hora tengo q estar aqui para la gent q va trabajar
Si puedes man
Tratare man
Vamonos ya
4min
T espero en el 7 ok
Lo que puedas aser en Arm, va er plumber
Ben por el wax
Ok
Feliz dia dl padre k c la pasen bien!!!
You too Happy Fathers Day
Cual es la direccion de zanker?La direccion?
2308 Zanker
No.encuentro a.nadien hasta las.12:30'q.yeguen aqui
Ok lo mas pronto esta bien me avisas el nombre
Ok
Hay estan en sharofly ok
Y Brian
No se tu donde lo tienes tu
Ya lo levante a Brian
Ok men gracias
Como se Yama Jorge
Reschedule meeting with Jorge and David for Wednesday
Tiene el.telefono apagado
Ok, puede er alguen a Shutter fly alas 11am
Puede er la misma persona de Ayer a Shutter fly Please
Van para tras a San Carlos ahorra 3pm
Nos vamos el Sabado 5am yeeehhaaaa olbidamos de aqui lo necetamos desperately
Asi es men sin duda alguna
Eric mañana tomorrow Wednesday Morpho 8am cobrier janitor tent ion in my neck and arm I ended up in drs office for physical therapy my dr placed me off work 3 days by April I started to become anxious and emotionl and could not bare th work day at times I would break down in an office and cry I started taking my lunch and breaks in my car t get relief my dr sent me back to therapy as my neck and shoulder pain put me off work then she referred me to phychiatrist where I was diagnosed with major expression due to wrk stress and I eneded up in Er 2 more times and had asked 3 tes for intittent loa my phychiatrist referred me to occupational medicine who told me to go to my he who told me she did not know anything about processing those types of leaves my last Er visit revealed I have tendentious and yet had to takeover time my work enviromment has become so in bearable my hr as well most of my peers had incesiently pressurede to take an loa. I requested an fmla for 4 weeks and asked my hr where I could be treated she directed me to 3rd party leaves and disability and they stated they don't handle those types of claims and do mt know anything abut it after my last WR visit I files a Wc with my boss however I still am not
Able to get
My loa approved because there I no whee to be treated I just wanted to be rot extend for reduce schedule but I can not work right now and I dnt knw if I can get compensated as they would only give me unpaid and can I be covered under ada

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.

My goal is to provide you with excellent service today.

Paid Coverage?

Yes, you can receive pain coverage while you are on FMLA medical leave for your work related injuries, including anxiety caused by work. When you take FMLA leave, you can and should apply for Disability Insurance Benefits at the same time.

You can do register and start your claim online here:

https://dia.edd.ca.gov/DIA/Pages/Public/ExternalUser/NewAccountRegOptions.aspx?UserCultureInfo=en-US

State Disability Insurance will pay up to 55% of your wages while you are on FMLA leave or other medical leave (for up to a year).

Coverage by ADA?

Yes, your anxiety condition is also covered by the ADA (and the California Fair Employment and Housing Act) and you are entitled to a reasonable accommodation (including time off) in order to be able to perform the essential functions of your job.

If you believe your rights under the ADA are being violated, you can file a complaint with the EEOC using the information available online here:

http://www.eeoc.gov/employees/charge.cfm

The EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Since my goal is to provide you with excellent service today, please don't hesitate to ask me any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5219
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Alexis,

Also, can you tell me if you believe that any of the hostile treatment you're experiencing from your employer is due to discrimination based on a protected characteristic (such as race, age, national origin, ethnicity, sex, etc.?)
Customer: replied 1 year ago.
I do not believe its discrimination as u describe something happened the my boss pu in place a action plan for staffing my department and she is the hr manager I reviewed to her I wanted an intermittent loa reduced work schedule to meet my treatment pa goals as I had a disability classified under Ada she told me she would check into it I am unsure why she wanted me gone I just know at wine point I mentioned to some peers who had stopped talking to me that I wanted to quit they said no that's what they want a manager told me when I expressed I just wanted to doy job and be productive I hope now that management know s why my behaviors have changed as for ten years I was the #1 employee with an impeccable performance and attendance record my attendance dropped because of my illness also can I have a wc claim for tense miltos run concurrent with fmla under ada
Expert:  Joseph replied 1 year ago.
Helllo Alexis,

Well, it definitely seems that you were discriminated against on the basis of your disability since your reasonable request (intermittent LOA) was denied by your HR manager.

If your employer denies a reasonable accommodation and refuses to try to work with you to come up with an alternative to the accommodation you suggested, that is a clear cut case of discrimination on the basis of your disability.

Yes, you can and should file for workers' compensation at the same time that you file for FMLA leave. Since your illness is work related, you are entitled to compensation from workers' compensation while you are unable to work due to the illness.

Customer: replied 1 year ago.
Relist: Other.
I just dnt have much information and need a help
Expert:  Joseph replied 1 year ago.
Hello Alexis,

Please let me know what additional information you need and I'd be happy to provide it to you.
Expert:  Joseph replied 1 year ago.
Hello Alexis,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

Thanks again and best of luck!

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Joseph
Joseph
California Employment Lawyer
5219 Satisfied Customers
Extensive experience representing employees and management