Legal Question in Workers Comp in California

I am currently on a 2 week medical leave for work-related anxiety and I'd like to know if I might be eligible for workman's comp or if I have a valid legal case to pursue.

Here's the story: In April, I was asked my upper management about my supervisor's management after several people in our department quit. I was a manager at the time and many people had complained to me about her so I was honest with my feedback. My supervisor found out I had spoken to upper management and her attitude towards me has shifted dramatically since- leaving me off of relevant emails, excluding me from meetings, cutting off communication with me, criticizing my work, etc. Shortly after, HR launched an investigation as well and asked several team members about her, myself included. The severity and frequency of retaliation has increased since- she has yelled and belittled me in front of colleagues, used me as a scapegoat for problems in the dept. etc. Most importantly, I was demoted 3 levels after I returned to the office from a 2-week vacation in June.

I have verbally complained about her to HR and upper management but I have not submitted a written harassment/retaliation claim as I know HR does not maintain confidentiality and I did not want my day to day experience there to become any worse.

Ultimately, I do not want to go back to the office and stay in this hostile situation. Would I be eligible for workmans comp and/or could I pursue a legal case for retaliation? I have been with the company for 10 months, so I'm not eligible for FMLA. Any advice would be greatly appreciated.

Asked on 7/30/13, 3:19 pm

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1 Answer from Attorneys


You can file a stress claim against your employer for anxiety that you are suffering. Feel free to call me at 213.388.7070 for a free consultation.

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Answered on 7/30/13, 4:12 pm

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