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California - Fired for filing a workers comp case

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  • California - Fired for filing a workers comp case

    This happened back around 2000. I was fired for filing a workers comp case. Anything I can do now?

  • #2
    Chances are pretty good that the statute of limitations to file a claim is past, but as rear-ended said, discuss it with a lawyer.
    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.

    Comment


    • #3
      info

      yea, guess I just need to find one. There are so many to choose from. A lot don't seem to be all that great at their job.

      Comment


      • #4
        Originally posted by ravetildon View Post
        yea, guess I just need to find one. There are so many to choose from. A lot don't seem to be all that great at their job.
        At this point, you don't need them to be good. They just need to know whether or not the statute of limitations has expired or not.
        Please no private messages about your situation.

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        • #5
          Sorry,

          The SOL for filing an action for dicrimination due to a WC claim, Labor Code section 132a, is ONE YEAR from date of discovery of the act.

          LL

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          • #6
            Why would you wait 7 years to file? You have one year from the date of the discriminatory act http://www.leginfo.ca.gov/cgi-bin/di...file=110-139.6 see section 132a
            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.

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            • #7
              info

              I was 18 at the time. young? dumb? any number of reasons pertaining to that.

              Comment


              • #8
                The law is not going to bend because you were young and dumb. If you've missed the window to file, then you've missed the window to file. The law isn't going to allow you to file a claim 6 years after the statute of limitations because you didn't know any better. The time to ask was then, not seven years later.
                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.

                Comment


                • #9
                  info

                  yea, i's not a big deal. Me personally I could care less. Just don't want them to screw others...

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                  • #10
                    Originally posted by ravetildon View Post
                    yea, i's not a big deal. Me personally I could care less. Just don't want them to screw others...
                    ok you made a mistake by not knowing, it is fine to make mistakes as long as you learned something from it.

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                    • #11
                      has the claim settled?

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                      • #12
                        info

                        For the most part.

                        Got money, got future medical treatment for life. I ended up opening up the case again to get rerated tho since I believe my rating was too low. I got the new QME and they rated me much higher. I just need to ask for a new court date.

                        Comment

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