Legal Question in Discrimination Law in California

Re: Severance agreement signed 2

The two prior answers you received are probably entirely correct, although they could have been worded in a more friendly fashion. have your mothe go to a certified Workers' Compensation applicant's attorney to see if it can be argued that the vision problem was excaberated in any degree by her work. There is no charge unless they recover some money for her [fee then roughly 11% of permanent disability award]. If there is a connection, she might be entitled to some temporary and permanent diability benefits; if the employer does fire a worker because of a work related injury, there are additional benefits, including reinstatement to her work position. The problem is complicated by her not technically being fired and the employer not knowing that she had a on the job injury. It might result in some type of settlement offer from the employer to avoid costs.

There are some WC cases saying that the manner of firing an employee that results in psychological injury might be compensable. I have not kept up to date in that area, although I used to be expert in it several decades ago.

Apply for unemployment benefits. If your mother was told that she was going to be let go but that she could get some money by agreeing to a severance package, it may be found that it was actually a termination and not a resignation. I do not think that would be considered a law suit.

If two attorneys thought she had a good case for discrimination [if she is over, I think but am not sure, 50 years of age, she could claim age discrimination], then go to some more attorneys who do not have any apparent conflict. Pre-screen them by stating in a e-mail the general facts of the case, the names of the people involved [do not make any defaming remarks], and whether they would be interested in handling the case and would it be on a contigency basis or not.

Carefully read through the written documents involved. I had a friend who went through a similar type of process and the agreement was so poorly written that it forbad her from speaking to herself about the agreement. Contact the Labor Commissioner's Office to see if they can do anything or give you a recommendation. Consider contacting your local state legislative representative.

Wwas she a member of a labor union or some other type of group?

It is not an easy case, but it is worth a try. Her company is not likely to be willing to spend the money to sue her for breach of the agreement. See if there is a free counselling group that your mother can go to to vent her emotions so that she might feel better. What was done to her is horrible, but not uncommon.

Good luck. It is very good of you to try to help your mother. I am sure she is proud to have you as a daughter.

Re: Severance agreement signed 2

I agree that she might have a work comp case but this matter is complex and you should get an attorney. If you are located in Southern California,we handle many work Comp cases, if not look up CAAA.org and find a Comp Attorney near you. You can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.