Legal Question in Employment Law in California
had been experiencing harassment and retaliation from my employer. While working there I endured extreme hostility, threats, and unwelcome text messages before during and after work. I was also given a bonus and other offers if I would lie for my employer on a wc case. I refused and was harassed to the point that I couldn�t breathe and couldn�t stop crying. I was so scared to go to work not knowing what he would do next. I reported these issues to one of my superiors and also to the office manager/accountant. Our office manager said she knows of the situation but cannot get involved because she�s scared he will ruin her accounting business. The other superior I reported to said �he�s just threatening you because he wants you to be obedient� and left it at that. Last June, I ended up having a break down and went to the hospital. When I told my doctor what was going on she said I was experiencing sexual harassment and hostile work environment. She told me not to go back there and to get therapy. She put me on SDI. It completely deteriorated my health. I was diagnosed with PTSD, anxiety, depression because of my employer. I have now been released from my doctor and wanted to know if I can get unemployment. I have already sent in my paperwork to EDD but need to know if I am able to appeal if I get denied.
2 Answers from Attorneys
Whether you are approved for unemployment compensation depends on the EDD and whether they believe that you either cannot work or have good cause not to return to that job. If you were sexually harassed and the harassment was either severe or pervasive, call an employment law attorney to discuss. Also, if you were harassed BECAUSE you refused to lie in the workers' compensation case, call an employment law attorney to discuss.
You can file a worker's compensation claim and either receive temporary disability benefits or continue to receive SDI up to one year. You will be entitled to paid medical treatment, a settlement for permanent disability for PTSD and future medical treatment. Feel free to call me at 213-388-7070 for a free consultation.
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