Legal Question in Workers Comp in California

Can a Employer tell another Assc. at the store at a safety meeting That this Asst Manager is taking my place and I will not be returning back to the store and you can go ahead and call her if you like she put's everyone on the spot to see who will do it. I 'm on workman's comp and haven't return yet to work due to surgery and therapy And she also told a former Asst Manager that when I do return they where going to send me to some place else where I would quit my job I been stressing over this every since I heard it Please help

Thank you


Asked on 8/18/11, 12:32 pm

2 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

You may have a claim for illegal discrimination if, in fact, you can prove these conversations took place and you are sent to another position. However, you can't do anything until the discrimination actually happens. So there is no point to stressing over it at this time. It could be just talk. You may wish to consult with a workers' compensation attorney or employment law attorney if you feel you've been discriminated against as a result of filing your workers' compensation claim.

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Answered on 8/19/11, 10:21 am
Anthony Telleria Telleria,Telleria,& Levy, LLP

When you say you have an open workers' compensation claim do you have an attorney? If so consult with them about how long does your employer have to keep your position available for you. That information can be given to you by your employer. We are a highly recognized law firm serving all of Southern California. Please contact our offices so we can help you with your claim and get you the respect you deserve. (626) 585-0017 or (323) 635-5800

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Answered on 8/29/11, 9:51 am


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