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Attorney2, Attorney
Category: California Employment Law
Satisfied Customers: 5519
Experience:  28 Years In General Practice,
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It's complex - my employer had been harassing me for years

Customer Question

It's complex - my employer had been harassing me for years trying to get me to quit. As a result of overwork, I had an office accident in 2012. I worked until 2015 when I was finally approved for a knee replacement which resulted in constant, severe pain. I also suffered cognitive problems immediately post-surgery, a brain scan determined damage that the neurologist can not say happened during the surgery. Now the doctor told my employer that I am 20% disabled, my employer informed me that my workers comp payments have ended and I need to go back to work. What do I do? I can NOT negotiate the 2 daily hours of commute to get to work, and I am no longer able to do the same work I used to do (paralegal/analyst/regulatory). I would have to request my retirement package from my employer NOW to start collecting in February 2017, in the meantime I have no income. I am also afraid that in commencing the retirement process, I will lose access to any legal appeal against my employer for over a decade of ill treatment and a lifetime of pain and limpng.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, at-will, management, non-union
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that's it
Submitted: 3 days ago.
Category: California Employment Law
Expert:  Asad Rahman replied 3 days ago.

i am sorry to hear this. I think at this point you need to go ahead and contact a local employment law attorney about filing a lawsuit regarding the harassment so that you have that on file. This will allow you to negotiate from a stronger position either a reasonable severance or they may put you on administrative leave with pay while the case is pending. Most likely the case would settle allowing you some money to make ends meet.

Expert:  Asad Rahman replied 1 day ago.

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.

Customer: replied 1 day ago.
$44 for "sorry, get a lawyer"?!? Do you really want my rating?
Expert:  Attorney2 replied 18 hours ago.

I am a different Attorney and it will be my pleasure to assist. JA is a general information site. Pursuant to the terms of service we cannot create an Attorney/Client relationship with the customers. I can answer any general questions that you may have and hopefully get you headed in the right direction. If this was not your understanding of the service I completely understand and will request a refund for you. Just let me know as the Attorney that was working with you did not ask if you wanted a refund they just opted out with no discussion.

Personally, I would go after the employer for harassment as well. I can provide links for you to file complaints for investigations of employment practices as well as local Attorneys that provide FREE consultations.

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