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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was working as an operations manager USD + years. A new

Customer Question

I was working as an operations manager for Hayward USD for 8 + years. A new MOT director came in; he knew I had also interviewed for the MOT director position and rated higher than in first round of interviews. His accumulative actions were not fair with me from the start:falsely accusing me of not taking any action what so ever in cleaning up a broken window and personally holding me responsible for a custodial past practice. He had a formal reprimand done for these. A few months later, while I was suffering from a serious work related injury and on restricted duty and pain meds, he had me written up on trumped up charges of theft and falsifying documents (neither true) in which I had to go to a Skelly hearing to address. He did not even gather a personal statement from me before having me "served" by HR! I was still in extreme pain and under medical care (for weeks at this point) and had been working under unduly stressful work conditions for months. It was clear he had no intentions of ever giving me fair consideration in any manner. I was so beaten down physically, mentally, and emotionally at this time, I felt I had no choice but to resign. I spent the next 2.5 months doing nothing but going to Work comp Dr appts and sleeping, trying to get my health back. To top it off, my claim was denied and my medical care of abruptly ended. I am still not fully recovered. It has only been in the past month or so that I have been able to overcome the emotional trauma enough to start to have the confidence and self-worth to deal with this. I have reason to believe the district may also be informally discrediting me when potential employers contact HUSD about my time there. I am a 52 yo lesbian veteran. I was 13 months shy of reaching the 10 year mark to secure retirement health benefits with them. I want to reparations of lost wages and/or securing of future health benefits from HUSD as well as want to receive medical treatment to fully recover from my work injury. Please advise. ***** ***** cell(###) ###-#### Thank you.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were coerced to resign based on these false charges, that does not mean you are not still entitled to workers compensation benefits. However, these are two different cases you need to pursue.
First, you should not be representing yourself in the workers compensation claim, you need to engage a local attorney because that will maximize your chances of success. Workers compensation attorneys do not charge up front, they charge based on benefits they win for you. So you need to get a local workers compensation attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Your second issue is a bit more complex. If you were coerced to resign then you are going to need to prove the negligent investigation done by the employer OR prove this was done to you based only in retaliation for your workers compensation claim OR only because of your age/race/sex/sexual preference/national origin in order to have a case.
In a case where an employer forces the employee to resign based on a negligently conducted investigation, the employee can sue for constructive discharge only where the discharge was in violation of some contractual obligation, which it seems they have done here. So this is the first ground you can seek to pursue them on. Second, if you can prove age/race/sex/sexual preference/national origin or retaliation for using workers compensation as the basis for these actions, that would be another cause of action to sue them over to seek to recover for a wrongful constructive discharge. Again, you should not be pursuing these cases on your own, having a local attorney representing you would significantly increase your chances of success on the matter.

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