Legal Question in Workers Comp in California

Work related stress and possible termination.

I am the only Desktop Support person at a start-up company. There are no processes in place and I often have tasks and projects brought to me at the last minute - I often do not get many routine tasks done because of this. I have worked for the company for 8 months now without taking a vacation and working remotely on my sick days. My health has been deteriorating and I have been asking for time off but not granted any. Recently, my stress levels have caused me to have emotional breakdowns at work and I have been told that the company is looking to replace me. Is there any action I can take to protect myself?


Asked on 8/29/07, 8:51 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Work related stress and possible termination.

Protect yourself from being fired or what? You need to go to the head of the company and explain the problems and how it effects you; he probably will say he appreciates your hanging in and do nothing to change the work conditions. If you are, as most Californians, an "at will" employee, if they are somewhat clever they can get rid of you without too much difficulty. Filing a Workers Compensation case will techically prevent them from discrimination against you because of your psychological injury, but they can just give you distasteful assignments. If they want to get rid of you they will eventually do so.

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Answered on 9/04/07, 8:16 am


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