I been working for a private sector for the last 10 years with excellent performance reviews. Thus past month I ask that my new position be chg to 11 months from 12 months and was told no. The new person that accepted my previous position ask for the same thing and was told yes. Mgmt has apologize for their decision. There has been past unfair harassing issues that I have documented. I know this may not not be a monetary worthy case and my career with the company may be hindered but it's the principle of the work stress I can't take any more. I'm seeking counseling, and have taken days off from work.
You can file a WC claim without representation. Tell your employer you have suffered a work related injury to your psych due to the discrimination, being singled out, etc... They should provide you with documentation to file a WC claim.
However let me warn you that Psych cases are very tough to proof up. I would highly recommend that you talk to a WC attorney AFTER you report injury.
cott Douglas SilbermanWorkers' Compensation LawyerSanta Ana, CA ·
Sure. But unfortunately for many people there will be roadblocks that call out for an attorney at some stage of your case. I recommend you meet with a workers compensation attorney and an employment law attorney to discuss your options. The meeting will be free, whether you hire an attorney or not.
Good Luck!
The potential EEOC claim should be discussed with an employment lawyer or Civil Rights attorney. As has been suggested you may also have a workers compensation claim for psychiatric injury. This is something that will require legal representation as psychiatric injury claims are very complex nowadays.
Another option may be to visit your personal physician and request a medical certification to support a claim for temporary state disability due to stress and any illness related to such stress. Note, however, that this may play a role in your workers compensation award, if any. You can file a claim for state disability online yourself without an attorney. During your time off, you may want to request from your employer (in writing, by facsimile, and keep a copy of the fax transmission page to show that you sent it) a copy of your personnel file under Labor Code Sections 1198.5 and 432. Try to write down what the difference was between you and the employee who received the requested job term. Were they more or less experienced? Of a different gender, race, religion, national origin or some other protected class which you believe played a role? What facts would support your contention that their difference played a role in your being treated differently? Write down a 1-2 page chronology of what happened before approaching discrimination attorneys who can assess your claim. Also, include names and contact information for any applicable witnesses. You may want to visit your local office of the department of Fair Employment and Housing for more information and to request an investigation (which you can do without an attorney). See the link here: In http://www.dfeh.ca.gov/Contact.htm
And note that the statute of limitations is generally one year from the last bad act for state discrimination claims (and the time is even shorter in some instances depending on a few other factors), so you'll want to get this moving.
Best of luck.
