Legal Question in Employment Law in California

Worker's Comp or Disability?

My Wife and I are about to have our case heard in front of a judge. She had been harassed, discriminated against. Our case is very clear and we have witnesses on all these arguments.

My wife had seen a doctor and he put her out on disability for approximately 3 months. The Doctor has testified that he gave he advise not to file workers comp based on the fact that she was not in any condition to do so and that it was work related stress that has caused the injury. My wife also saw a specialist and the results were the same..Work related Stress.

The Doctor filled out the Doctor's Certificate indicating it was not work related. The Doctor testified it was his recommendation to file State Disability and that he does this with other patients of his.

When my wife resigned her position, she asked for an exit interview several times and the HR department has this noted. She was never given and exit interview and also at the time of her resignation she filed a complaint stating that this disability was work related and that she was only following her doctor's advise.

Are there any laws that protect my wife from this? The employer's argument is that they state was not a Worker's comp issue.

Please help!

Thank you

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