Legal Question in Employment Law in California
On August 8, 2009 my employment in CA ended due to facility closure. This was my last day working for this company of 32 years. We were given the option of going to their other facility or take severance. When I asked if they would accommodate my back they said no. I was going to the bottom of the seniority list which meant doing very physical jobs that I had not done in several years and the facility is 113 miles from my home. Therefore I had no choice but to take severance.
According to the shutdown agreement I was to receive 1 week of pay per years of service with a maximum of 18 weeks. On my last day of work (08-08-09) I was injured. My supervisor drove me to Med 7 Urgent Care for examination and treatment. We then returned back to work which I gave the company my return to work form with light duty, which the company offers. According to the work status reports from that day plus the following 4 visits from Med 7 I was allowed to return to work light duty. Due to the facility closure I was not able to go back to work light duty as my job no longer existed. I was put on workers comp.
When I received my final pay I was not given my severance. They told me since I was on workers comp I would not receive my severance until I was released and ready for work. If the company had remained open I would have been working and not on workers comp. This was their decision. I am still due my severance pay. I have been trying to do so through my union�s business agent then referred to the Teamsters Union lawyer, with no resolve.
Per the union�s attorney, the company is asking for my release to go back to work. They have had it since 08-08-09 from Med 7 advising I can work, light duty. Also I have since retired and have given documentation of suchm to the unions attorney. Also a fellow employee who was on Workers Comp at the time of closure received his severance.
I feel I am being singled out and discriminated against. I believe my severance is several years past due plus interest.
How do I collect what is due me ASAP?
1 Answer from Attorneys
I am sorry that you find yourself in a difficult situation.
You need to consult with a plaintiff-side labor lawyer ASAP. It is now more than three years after your last day at work, and you are at risk of seeing claims barred due to the statute of limitations.
This is not something you can pursue yourself. You need to press hard on the union and its lawyer, and that may well mean hiring a lawyer of your own.
Best of luck to you.
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