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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was recently diagnosed with type 2 diabetes and also

Customer Question

I was recently diagnosed with type 2 diabetes and also suffer with major depression. What are my rights if excessive workload on the job is affecting my health and ability to perform. I have never been off work on disability and HR suggested I taker time off. How does this affect my salary?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you worked for the employer more than a year and there are at least 50 employees altogether?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
I have been with the company for 12 years on a full time basis.
Customer: replied 1 year ago.
Number of employees is over 200
Expert:  Tina replied 1 year ago.

Thank you for sharing this additional information. I am working on your answer now.

Expert:  Tina replied 1 year ago.

Under these circumstances, you may be able to file a worker's comp claim for the mental injuries you have suffered as a direct result of your work environment. CA is one state which recognizes such injuries, but it would be best to retain a worker's comp to represent you in proving your claim if you chose to do that.

The FMLA also provides for up to 90 days of unpaid leave under these circumstances and the employer is prohibited from retaliating against you for requesting said leave. CA also provides for temporary disability benefit if you are on FMLA leave through SDI.

Here is a link which provides more information on mental injuries under CA workers comp laws for your reference:

http://www.nolo.com/legal-encyclopedia/california-workers-comp-recovering-mental-emotional-injuries.html

Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does your divorce decree indicate who will receive the proceeds from any sale of the property?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
I am also a victim of domestic abuse and my boss severely scolded me two weeks ago for an error I made on a report. I was so humiliated and it brought back flashbacks of verbal abuse. I've had difficulty performing my job and it triggered major depression and severe anxiety for which I have had in the past. HR is aware of my past abuse as well as my boss, who has a history of agressive and hostile behavior.
Expert:  Tina replied 1 year ago.

This would typically be grounds to assert a claim under worker's comp but you need to be diagnosed by a professional so there is a record connecting the abuse by your boss to your current symptoms.

Customer: replied 1 year ago.
I am being treated by a psychiatrist and have an appt to see her this week. The incident happened two weeks ago, so will this affect my claim? I can prove having major depression and also spoke to HR about a month ago regarding flash backs I've been having since the death of my exboyfriend and abuser.
Expert:  Tina replied 1 year ago.

The fact the incident happened a couple of weeks ago could affect your claim with regard to when you suffered injury from your work environment. Make sure to speak to your provider about including in your record that your symptoms have been made worse by your boss's conduct, but it is equally important to retain a workers comp attorney to assist you with your claim to ensure your rights are protected.

Your boss's behavior could also be characterized as disability discrimination since they knew of your condition. If they are treating you less favorably BECAUSE of your condition, then that would typically provide grounds to pursue damages against them for discrimination by filing a complaint with the Fair Employment and Housing Commission.

Customer: replied 1 year ago.
I reported the incident to HR the same day the incident occurred, so there is a record. I also reported to the SVP of HR on Thursday. Who can I contact for legal assistance?
Expert:  Tina replied 1 year ago.

Hello again,

The state bar association can provide attorney referrals at calbar.org. Don't rely too heavily on having reported it to the employer as the employer will work to protect THEIR interests in any litigation, not yours. It's important for you to ensure you have good documentation as well and an attorney can help guide you as you proceed through the process.

All the best to you with this!

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