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Can I file a WC Claim? California

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  • Can I file a WC Claim? California

    I have been working in this office for over 1 year now. The Office Manager is a Micro-Managing OGRE. She makes the office very stressful. Recently, she has started to find fault with everything I do and when there isn't something, she goes seeking it out. I am an assistant to 1 atty in the firm. Everyday she goes in to my atty's office to find something, anything, to bring to my attn that I did wrong, or that I need to do. Like now, I have to clean up my atty's desk. Yesterday, it was a diary tag was not on a file. I'm feeling like she's picking on me. I feel like it's a very hostile environment. I'm losing sleep, and I'm very stressed out. I find myself tearing up to the point of wanting to cry all the time. I hate my job and don't really want to come in anymore. However, I can't quit because I'm a Navy wife and we don't make enough money to be a 1 job home. I am looking for a job, but I want to know...Do I have any legal rights? Should I go to the Labor Board? Can I go on WC? Thank you very much for your time.

  • #2
    Stress is almost impossible to get covered under WC. I haven't seen one yet. Everybody is under some sort of stress or another. If the job is affecting you that badly, then you need to find another one. What you described is NOT a hostile working environment under the law. Nor is it illegal for the boss to be a "micro-managing ogre" and "pick on you". I agree that it's uncomfortable to say the least, but it isn't illegal.

    Your health isn't worth it. Move on.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      A bit of personal advice- ask your attorney in confidence for a letter of recommendation. If he or she asks, you can simply explain that the office manager seems to dislike you, and you want to avoid having references deal with her. In fact, this will give you a hint whether this behavior is being directed by the attorney or not- and if not, may convince the attorney to do something about it.
      Megan E. Ross, Esq.
      Law Offices of Michael Tracy

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


      • #4
        But, be aware. Many employers are not interested in letters of recommendation and pay little or no attention to them. They are too easily forged in this day of laser printers and scanners.

        I would be more inclined to ask the attorney if he will be willing to provide a reference on request. As an employer, I don't want to read a letter of recommendation; I want the name of someone I can talk to and ask questions of. I don't care if it's the office manager or the attorney, but I don't want a letter; I want a person on the other end of the phone. Most employers I know feel the same way.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          Your chances of getting WC for this are between slim and none. Your best bet is to apply elsewhere for jobs. Nothing says you have to work at this place. If your husband is in the Navy, ask at his base if they offer assistance with employment for spouses. Many do.

          You might also check the following
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


          • #6
            Thank you

            Thank you all for your responses. I've already got the lawyers ok for a reference. There is a little more to the "picking on me", but I am looking and would rather be gone.

            Thank you all again.