California Employment Law

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California Employment Law
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I need a good plaintiff attorney for employment law in northern

california. Have DFEH investigation accepted/pending...
I need a good plaintiff attorney for employment law in northern california. Have DFEH investigation accepted/pending. Employer retaliated for my speaking out against wrongful termination of another employee - but then I got cancer. They took away coverage for my chemotherapy, added a commute to my schedule, and refused to accommodate. I discovered the Exec Director committed a criminal HIPAA violation by studying medical claims of all employees to find the policy to exclude my coverage and now I filed a complaint with the office for civil rights. Employer responded by placing me on administrative leave, took my work cell, lap top, keys, and escorted me off the property for unexplained "concerns." I am now on medication for panic/acute anxiety. I cannot go back. What should I do?
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Answered in 1 hour by:
5/11/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Unfortunately, JustAnswer experts cannot tell you what you should do, since that constitutes legal advice instead of legal information.

 

However, I'd be happy to answer any questions that you have regarding your situation.

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Customer reply replied 4 years ago

I would like to know who I should talk with about my situation. Can you help me with that? Are you available to help a plaintiff in Mendocino County? Can you make any referrals?


 


 

Hello Sarah,

 

No, unfortunately, it is against the rules of the site to make any specific referrals, although I can give you a few starting points.

 

Also, justanswer experts cannot make contact with customers outside of the site.

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Customer reply replied 4 years ago
Relist: Incomplete answer.
I need some suggestions as to what I should be thinking about with my situation.

Hello Sarah,

 

Although I cannot tell you specifically what to do, I can give you some suggestions.

 

1) You need to wait till you receive your right to sue authorization from the DFEH (or a notice that the DFEH is pursuing a complaint on your behalf) to pursue with any legal action against your employer.

 

When you receive your right to sue notice, you should hire an attorney on a contingency basis to represent you, so you only have to pay the attorney if you receive a settlement or a verdict in your favor.

 

You can find an attorney to represent you online here:

 

www.lawyers.com

 

www.martindale.com

 

www.avvo.com

 

2) In the meantime, you should definitely file for disability benefits if you haven't done so.

 

3) As far as the reports written by attorneys of the company, unfortunately, you are not entitled to a copy and will not receive one. In fact, if the attorney were to disclose a copy to you, he or she would have committed an ethical violation by disclosing information that is privileged between him and/or her and the company.

 

However, if you were somehow led to believe that the attorney was acting in your best interests (by the attorney him/her self), you could file your own complaint with the bar or malpractice action against the attorney.

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Customer reply replied 4 years ago


Thank you for these suggestions. I have a couple of further questions and appreciate you.


 


I submitted a claim for worker's compensation, asking (at this point) just for psychiatric care re: panic/anxiety treatment needed. I submitted the claim a week ago and have heard nothing from my employer or the carrier. I wish to assert that my disability (panic) is caused by my employer. If you have any comments on this, I would like to hear them. From what I understand California allows for worker's compensation liability for emotional distress. I believe I should not be limited to the SDI level of payment for my disability because of employer fault.


 


Second, if I hire an attorney would he/she be able to compel (through court or otherwise) that my company's attorney produce a copy of her investigation/report?

Unfortunately, if you choose to file a worker's compensation claim, and go through workers' compensation, you would no longer be eligible for SDI benefits, since those are for disabilities unconnected to work.

 

I highly suggest you speak to a workers' compensation attorney about doing so. It is definitely possible to prove a connection between your anxiety and your work, but workers' compensation traditionally doesn't provide for a lot of money based on emotional and psychiatric disabilities, unless you could prove you are no longer to be able to work due to them.

 

No, an attorney cannot be able to compel a report that is done for the client, since that is a privileged document. The only instance in which privileged and confidential documents can be disclosed is malpractice actions against an attorney (in which case the documents prepared by the attorney can be disclosed to the court).

Ask Your Own California Employment Law Question

Please remember to rate my answer positively so I get credit for my work!

 

If not the website recoups your entire deposit and I receive nothing for assisting you. Trust me when I tell you that I need the money more than they do, so I'd greatly appreciate your accept!

 

Thanks and best of luck!

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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Category: California Employment Law
Satisfied Customers: 5,299
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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