Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I was terminated due to retaliation, although it was

disguised as a reduction in...
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?
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: I am collecting unemployment and the company has offered me a severance package of 3 months salary and COBRA.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
7/12/2017
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,538
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.

Ask Your Own Employment Law Question

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.

Ask Your Own Employment Law Question

EEOC in case you decide to sue here.

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

Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,538
Experience: 30 years in Employment law
Verified
Ray and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 98
Verified
Phone call session started
Customer reply replied 4 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

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
How can I prove my case. Nobody at work will come forward.
Customer reply replied 4 months ago
I don't want a phone call. I have already spoken to customer service and cancelled it.
Customer reply replied 4 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.

Ask Your Own Employment Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,538
43,538 Satisfied Customers
Experience: 30 years in Employment law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
How much of what happened - dates/retaliation should I list
How much of what happened - dates/retaliation should I list in the petition? The EEOC right to sue date 09-21-2017.... and do I have to look up the similar cases or is that later? (I've been having tr… read more
Ray
Ray
Employment lawyer
43,538 satisfied customers
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Employment lawyer
43,538 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
I'm trying to figure out how HRAs work under COBRA. My
Hi. I'm trying to figure out how HRAs work under COBRA. My former employer recently changed health plans and under the new plan, the HRA is bundled with the medical benefit. For their COBRA participan… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Do I have a legal retaliation claim for being demoted after
Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Ray
Ray
Employment lawyer
43,538 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have questions about retaliation in the workplace and what
I have questions about retaliation in the workplace and what are the legal options someone is afforded? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I feel my employer retaliated against me for initiating a
I feel my employer retaliated against me for initiating a complaint about disability discrimination … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received retaliation from eeoc because i reported one of
i received retaliation from eeoc because i reported one of their employee who did not process my hearing requested. when i received the acknowledge order is was signed by legal tech and not by ALJ .wh… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x