WORKERS COMP OR DISABILITY OPINIONS (long)

[chgodon]

Ok, heres the scenerio. My neighbor was hired as a staff assistant for a southern CA city. She worked at an off site location with 5 male techs and 1 male manager. Over time, she gets attitude from one of the techs because she's making changes. He begins to tell her that he will get her transferred to city hall. Typical boys club.

This guy also makes trouble for the other techs which resulted in a screaming match. Human Resources makes everybody sign a paper about sensitivity etc.. My neighbor even got dragged into it and had to sign the paper.

At one point, he makes uncomfortable comments to her which she tells the boss. She then finds out from another tech that the guy was diciplined for sexual harrassment. No one talked with her about it.
Short time later, she gets notified of being transferred to city hall. While packing her stuff, she injures her wrist.

No big deal. Now she works for another department with a small workers comp case. Since she's been at the city hall doing her job, she still does the work for the off site location. Of course, now she's working with women who are drama queens and treat her like an intern. She has some personal health issues and used up her vacation and sick time. She's 2 months from vesting 5 yrs in retirement.

Needless to say she asks the girl next to her to releave her desk while she took a break. Girl ignores my friend which results my friend repeating herself. Girl replies, OK..I'm not going to argue about it. Argue!!! WTF. Short time later, they both have to sign a paper about hostile work enviorment and sensitivity. Holy, cow...another paper. My friend is walking on egg shells now. She got three emails that vacation and sick time must be taken prior to leave without pay per manager's policy.

My friend does not care about being off the books. Just when she thinks everything is ok since the second signed paper, she gets "written up" for creating a hostile work enviornment and using leave without pay. She was told leave without pay is not an option for her. They told her she needs to make doctors appointments before or after work. What doctors work before 8am or after 6pm? They told her not to speak and the written reprimand was not up for discussion.

Now she's crying, can't sleep, gets headaches and nausea. I told her to contact the union reference disputing the written repremand and leave without pay policy. Now she's stressed to drive to work under medication while sick in fear of losing her job. I told her to take family leave without pay.

Someone suggested going on disability so she gets some income? Someone suggested file a stress workers comp? I told her to contact CA Fair Employment & Housing. The city is discriminating against her for her health...hence the need to take off.

[LeglEgl]

Since this is in Calif., I can't help you much, but other members are excellent on Calif. cases. The only thing I can offer is that she should probably consult with a WC attorney ASAP. Any kind of retaliation because of a WC claim is illegal. It appears that this ER (employer) is being very methodical in building up a case to discredit the IW (injured worker) so that her eventual termination will appear to be "legitimate".

[jayne]

1171 is our Calif expert and will be along shortly

[1171]

I rarely read long posts, but did for this one.

she needs a medical diagnosis; there can be no comp claim without an injury.
if she has medical evidence of a psychological/ emotional injury, she can file a comp claim but there are additional requirements for acceptance.
employment cannot be just one of many causes of the injury; it must be the predominate cause.
also it cannot be from "a lawful, non-discriminatory, good-faith personnel action."
see labor code 3208.2
http://www.leginfo.ca.gov/cgi-bin/calawq...codebody==

she is likely to need a lawyer in order to litigate the issue of a psyche claim.
try CAAA.org
your recommendations for contact with union and Fair housing & employment agency are correct.

[justme]

Any Ohio experts????

[1171]

(06-29-2012 10:37 AM)justme Wrote:  Any Ohio experts????

this is an old thread from california.
if you start your own thread it won't confuse the many readers that search these posts for help.