California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good evening and welcome. I am very sorry to hear about this altercation. What is your question exactly? How can I help you?
In order to collect State Disability Insurance you have to have your doctor establish that you are physically disabled from performing work and that the disability is likely to continue for at least 8 consecutive days. If you can get your doctor to certify this, then yes, you can likely file for disability. You may also be able to file a workers compensation claim, which will compensate you for any medical bills you suffer for psychiatric or medical care, as well as any losses of earnings suffered as a result of being physically disabled from work. See here to initiate a workers comp claim.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
That is a tricky question. You cannot be fired in retaliation for having filed a workers compensation claim. You also cannot be fired for missing work due to a medical condition that your employer could have "reasonably accommodated." However, you could technically be fired for getting into an argument with HR. That would be a termination for insubordination. So, if you were fired at this point, a question would arise as to what your employer's motivation was for letting you go. It's their motivation that determines whether the termination is illegal, and it would be up to a jury to decide what your employer's motivation was in this particular circumstance.
So, at the very least, if you were fired you would have potential claims for wrongful termination that you could leverage into a severance deal. The success of an actual lawsuit, though, is impossible to predict since it comes down to a tricky factual question about motivate that only a jury could answer.
I hope this clarifies things. Again, please feel free to let me know if you have any further concerns.
Thank you for the additional information. I'm not sure what you are asking though?
Are you still with me?