Legal Question in Employment Law in California

Work related Stress and Depression

My Mother went to see an Attorney in regards to instances of retaliation, wrongful termination (was out on temp disability due to severe vision loss) and she had just filed a workmans compensation claim for severe stress and depression. Over a decade of lack of action of the Board of Directors to provide a healthy and safe working environment lead my devoted Mother to suffer tremendously, seeking psychiatric treatment and medication for the last 3 years (all work related but she was too loyal to her job to file a claim sooner). We watched her mental/physical health deterioate over the years. Even other employees thought she had cancer but she suffered in silence with major depression. Because of her failing eyesight within a year and treatment, she was on temp disability. She was terminated during that time, and (after they found out she filed a stress claim under w/c.) The Attorney said although unfair what her employer has caused her and other employees over the years, they are not mandated to follow their own policies in ''providing a healthy and safe work environment'' and under ''at will'' law, could fire her for no reason. She has spent over 3 decades with the same employer and gave her whole life to them. Is this right?


Asked on 2/04/09, 7:17 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Work related Stress and Depression

Hello, and I am sorry about your mother's experience.

It's important to understand that employment at will doesn't make discrimination, retaliation and harassment lawful, as these are two distinct issues. It's quite possible that your mother has strong and legitimate claims of disability discrimination, retaliation and others.

Feel free to follow up to discuss this.

Thanks,

Arkady Itkin

SF & Sacramento Employment Lawyer

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 2/05/09, 8:15 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Work related Stress and Depression

Call us at 213.388.7070 for a free consultation about your case.

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Answered on 2/05/09, 8:54 pm


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