Legal Question in Employment Law in California
What is the first step?
I worked 5 yrs for a self employed contractor. He came to me and asked that I work for him, because I was the best in the field he knew. I hurt my back in the later part of October 2006, and he wouldn�t pay for treatments nor provide workers comp info. I went to a chiropractor and could only afford 2 treatments. I was still forced to continue the same work I was doing, after about a month I ended a sexual relationship with him and he then fired me. he refused to pay the entire amount of my last pay check. He only paid partial. Throughout the course of employment, he refused to provide the same benefits (insurance, reimbursement for vehicle, retirement, and a business check) he was providing to a other male employee who had only been employed 2 yrs. I was told if I wanted a job this was how it had to be. He would only pay me in cash, but was withholding. After I applied for unemployment I was notified he had never paid into it, along with the other things he was supposed to pay into. I don�t know what to do, I still have a back problem along with no job, and unemployment is in the appeal stage. What do I do first. I dont have money for expensive attornies.
1 Answer from Attorneys
Re: What is the first step?
You've already tentatively begun the first step. Pursue the unemployment claim further by trying to get them to allow you payment under 'ininsured employers' funds, while they go after the employer for reimbursement. File a Workmans Comp case since you were injured on the job within the last year. If he has no insurance, and the WCAB won't pay you under their 'ininsured employers' funds, then you'll have to hire an attorney to sue the company for what amounts to a personal injury claim. If a company fails to pay all your meds, either through WCAB or privately, then your lawsuit will be against the owners personally. Your most valuable claim is the sexual harassment issue. You'll need evidence to back up your claim, which is what we need to discuss. Feel free to contact me.