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Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 19768
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I am leaving my job next week in CA and going to a new job

Customer Question

Hi, I am leaving my job next week in CA and going to a new job after 7 years and I want to be paid for sick days too as in 7 years both my meniscus got torn in this job. I want to be compensated for what has happened to my knee.
I play soccer but I had never had this issue before this job where I lift at times 40-50 lbs of chemical and also was planning to go surgery but didn't happen too. When I took the job it did say that one should be able to pick 30-40 lbs of chemical, what actions can I take? Also, I was written up in the last 30 days by my company for an issue which was not my fault completely, what actions can I take as I am leaving now? Can I take action after I resign or should include this in my resignation letter?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information, however, your question are a bit unrelated to each other so I am not sure exactly what you are asking. I will do my best to address what I see in terms of your questions with the limited information I have, but please feel free to expound on the facts or your questions if I haven't covered something you wanted to ask.

First I see that you say you want to be "paid for sick days too." I don't see where you say in addition to what, but if you are asking if an employer in CA is required to pay for unused accrued sick leave when an employee quits, then the answer is no, not unless your employer provides for payout or unless your vacation leave and sick leave are lumped in together as PTO. In other words, CA law requires that an employer payout unused accrued vacation leave and PTO (where all leave is combined), but not sick leave. You can see a restatement of this information at the following link: http://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm

As for compensation for your injury, the only form of compensation that the law allows for in workplace injury situations is workers compensation. Hopefully you filled for that and received WC coverage and ultimately a settlement when you reached MMI. That though is the extent of your right to receive compensation for workplace injuries. That is because of how the WC laws are written as the "exclusive" remedy.

Finally, you mention being written up. There is nothing unlawful, generally speaking, about being written up by your employer even if the reason is misguided or just plan wrong. The only exceptions are if you have a bargaining agreement you work under that they violated (in which case the union could help you file a grievance) or you were targeted for adverse action simply because you are a member of a protected class under employment discrimination laws or because you filed an WC claim. In the latter cases you would have to file a complaint with your HR Department and then if they could not resolve the issue, you could file a complaint with the CA DFEH.

Please feel free to ask for clarification or clarify your questions. If none is needed, then if you could take moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
I am resigning and going to a new job and my main question is " Is there a way to be compensated for the meniscus tear on my knee as it happened in these 7 years on this job"? Can I ask for money or settlement for this issue when I leave as I did not have this issue before I started this job. I did not file any workers comp and I was going to have surgery but it got cancelled at the last minute as I had cold (this was two years back) and did not have it after that. Should I state that my knee problem occurred during this job in my resignation letter and I will pursue this further via lawyers etc. unless they are willing to settle it? Also, can I just resign now and pursue this case later with them or do I need to do it during resignation? Lots of questions, hopefully some clear cut answers from you as to the way I should proceed. :) Thanks
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. I might not have been clear in my response, but the only option for you with this injury was to file a WC claim. The fact that you didn't, doesn't change the law. There is no compensation available outside the WC system. If the employer knew of the work-related injury and didn't open a claim, then you might still be able to open one. However, if it has been several months, then although you can (right now) tell them you had this injury on the job, unless they can confirm it, they can lawfully deny your claim because of the passage of time and no witnesses or notice at the time. It won't hurt to try, but again if it has been quite a while, you may be excluded from coverage. If so, you could always speak to a WC attorney, but they may not be able to change the result. But again, you cannot sue the employer for personal injury. Only a WC claim could have been filed. Had you done that, then as I mentioned, once you had reached MMI (maximum medical improvement), after surgery, therapy, etc, they would have offered you a small settlement for any remaining disability.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 8th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid) for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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