Legal Question in Employment Law in California

Wrongful Termination Laws

First I have a lawyer for my work comp case, but he is not sure on this question. I was working for a hospital and Kmart and was injured (case to be settled in next month or two) However in Dec of 1999 I requested Jan and Feb. of 2000 off for first of surguries on my hand. It was granted. A week later they terminated me as work force reduction after x-mas. This is after I just got a raise and a positive progress report and approval for time off a week proior. I have made it very clear that it was illegal and i would persue legal action, I have continued to keep this updated through communication with work comp court and the employeer. I was told I can not file by another lawyer until work comp case settled because the payment is based on work comp settlement. Now I am being told I might have past the time frame. Is this true or because my case (work comp) is still current and I have NOT worked since 99, can I still make a claim or have a law suit or is too much time passed. My injury was a back and shoulder and hand injury and I was just released (P&S) a month ago. So I have not worked since the termination in 99.


Asked on 1/01/07, 11:53 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Wrongful Termination Laws

From the nature of your question, it would appear you are inquiring whether you can file a civil lawsuit for disability discrimination for being terminated in December, 1999.

The law is very clear that you must file an administrative claim with the California Department of Fair Employment and Housing within one year of the adverse discriminatory act. Even if you could somehow get around that and file a public policy lawsuit for wrongful termination, you must do so within two years of the termination.

You are way too late to do anything about it now. Filing a workers compensation claim has nothing to do with failing to file a civil lawsuit.

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Answered on 1/03/07, 5:43 pm


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