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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116727
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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: 9 months ago.
Category: California Employment Law
Expert:  Asad Rahman replied 9 months 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 9 months ago.

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

Customer: replied 9 months ago.
$44 for "sorry, get a lawyer"?!? Do you really want my rating?
Expert:  Attorney2 replied 9 months 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.

Expert:  Law Educator, Esq. replied 9 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.
I am a DIFFERENT CONTRIBUTOR as the 2 other contributors have had to leave.
I am sorry to hear of your situation, but 20% disability rating is not that high of a rating I am afraid. You are entitled to seek a workers compensation lump sum payment for 20% disability, but I am afraid you would not be satisfied with the amount as it will be quite low (about 20% of 66% of your base salary at time of injury). Since you have permanent disability, you are entitled to reasonable accommodations under the Americans with Disabilities Act and that can include the ability to do some work from home or to work less hours to accommodate your disability.
If the employer denies you reasonable accommodation, you can legally file a complaint with the EEOC and they will pursue the investigation into the denial and issue you a right to sue letter.

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