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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12618
Experience:  Significant experience in all areas of employment law.
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I had a confrontation with our HR manager where she

Customer Question

Hi I had a confrontation with our HR manager where she literally came in my face not once but twice. I felt my head pounding she nor my manger asked if I where okay as they seen me sitting there holding my head. Turns out I was having a full blown panic attack and have been put out of work for a few days.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No this happen last week Wednesday and again the next day Thursday and I finally went to my dr today because I just can't shake it.
JA: Anything else you think the lawyer should know?
Customer: I gave my resignation to the owner and he refused it and promised things would change. Later that morning they terminated the HR person
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and welcome. I am very sorry to hear about this altercation. What is your question exactly? How can I help you?

Customer: replied 1 year ago.
Can I file for some kind of disability for stress at work?
Expert:  Patrick, Esq. replied 1 year ago.

Thank 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.

Customer: replied 1 year ago.
Can I be fired for during this process?
Expert:  Patrick, Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.
During our confrontation HR was telling me about changes which I was agreeing to until she came in my face. That's when I stood up and said I was leaving. As I was walking to my office to get my purse I also went to the owners daughters office to tell her what was going on and HR was right behind me and again was in my face in which I told her "excuse me but you need to take a step back" she did not take a step back until the owners daughter to her too. The owners daughter than told me go back to my office until her father the owner arrived. We discussed what happen and he was going to get everyone's side of the story. Monday came and I had decided to resign and this is when he told me what he was going to do as making changes in the company.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for the additional information. I'm not sure what you are asking though?

Expert:  Patrick, Esq. replied 1 year ago.

Are you still with me?

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