Legal Question in Workers Comp in California
I quit...under duress/Hostile work environment/Stress
I was forced to quit my job due to a hostile work environment. I have been working for her for 6 years. She has only been this way for the past 3 yrs. approx. - after her 3rd DUI and after the owner of the company was diagnosed with cancer. I was her ''driver'' during work hrs. which allowed her to keep drinking after the DUI. This affected her ability to do her job. I was her assistant. People normally came to me because they couldn't get through to her. I can provide witnesses.
She caused me great mental/emotional stress. I developed a knot in the back of my neck - it's a sever pain and a constant reminder of the bad treatment she gave to all us. Never was I told that my job was 24/7, but she thought it was. She has called people liars and lazy (to other employees - not the ones she was talking about). She ''marked'' one of the warehouse folks to be fired. She told me to write him up so we could get rid of him - so he wouldn't be employed by us when an ex-employee's lawsuit came to trial. That way he would look like a disgruntled employee trying to get even. She cursed AT employees, not just in their presence. Is there anything I can do? I need to see a doctor for the constant pain in my neck. Please help.
1 Answer from Attorneys
Re: I quit...under duress/Hostile work environment/Stress
You can file a worker's compensation claim for stress -- those claims have become difficult to prove, as the law was changed several years ago; but given the conduct you describe, you may be able to do so; you may also have claims for wrongful (constructive) termination -- meaning that the employer created an illegal work environment which forced you to quit. It is always more difficult to prove a termination after an employee quits, but you may have a case. You may also have a claim for retaliation; if you opposed illegal conduct (e.g., her trying to terminate an employee because that employee was a witness in a lawsuit), and she retaliated against you for that, by demoting you changing your work hours, writing you up, etc. Finally, if you worked many overtime hours and were not paid for them, you have a claim (going back four years) for those hours -- even if you were classified as management, you may still have a claim for unpaid overtime -- California law is quite good on this point.
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