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I was terminated due to retaliation, although it was

I was terminated due...

I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therapy. Am I entitled to workers' compensation insurance benefits?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

CA

Lawyer's Assistant: Has anything been filed or reported?

I am collecting unemployment and the company has offered me a severance package of 3 months salary and COBRA.

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Answered in 2 minutes by:
7/12/2017
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,167
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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You have to decide if you want to file EEOC here or take the severance.The employer normally requires you to waive your causes of action in return for the severance agreement.If you feel there was discrimination and retaliation you may decide to decline the severance settlement here and pursue it through EEOC and a lawsuit. You have these options it likely has to be one or the other.You can file for workers comp too but they likely would want the release so again you have to choose here.

I appreciate the chance to help you and am so sorry that they did this to you.

If you can positive rate 5 stars it is much appreciated.

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EEOC in case you decide to sue here.

https://www.eeoc.gov/employees/charge.cfm

Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,167
Experience: 30 years in Employment law
Verified
Ray and 87 other Employment Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 102
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Phone call session started
Customer reply replied 7 months ago
I am waiting for the phone call I paid for several minutes ago.

If you have questions be happy to answer here , ask away . No charge

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Customer reply replied 7 months ago
How can I prove my case. Nobody at work will come forward.
Customer reply replied 7 months ago
I don't want a phone call. I have already spoken to customer service and cancelled it.
Customer reply replied 7 months ago
I complained that a 2 month salary severance agreement was not generous enough. My employer offered me 3 months salary providing that I make the decision within 3 days. They also altered the agreement on the three month offer. Under the release clause, they removed a section which reads, "This agreement does not limit your right to receive an award from any Regulator that provides awards for providing information relating to a potential violation of the law". The problem is proving that they have violated employment laws.

So you have to decide whether to take the 3 months or pursue them through EEOC.If you need the money you may decide this is the best you can do.If EEOC ruled in your favor they might offer you something similar anyway.It's your judgment here, I know it is not enough for your years of service but it is something and you can also ask something to the effect they will not contest UI application for benefits.

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Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,167
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Experience: 30 years in Employment law

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