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I’m experiencing harassment, discrimination and retaliation from my boss.

Oakdale, CA |

I’m experiencing harassment, discrimination and retaliation from my boss. I went to my doctor because it had caused me severe health problems. My doctor took me off work for a month and told me not to go back to my job because it was unsafe and unhealthy. Am I entitled to state disability or EDD. I am able to work but not at the environment I was at it as very unbearable.

Attorney Answers 3


First, we need to discuss your characterization of harassment, discrimination and retaliation. It comes as a big surprise to many people that most forms of harassment, discrimination and retaliation are perfectly legal and will not support a claim for damages. The only way that kind of conduct becomes unlawful is if the reason for the conduct is because you are a member of a protected class of people, or because you engaged in some form of legally-protected conduct.

If the conduct is unlawful and you refuse to return to such a caustic environment, you can quit for that reason and later claim that the quit was tantamount to a termination forced by their unlawful conduct. The concept is called constructive discharge. If you can prove that no reasonable employee would have stayed under the circumstances, you to prove that you were essentially terminated.

You should really locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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More info is needed to properly evaluate. Contact a local lawyer to discuss in detail.

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I would highly suggest that you retain an attorney BEFORE you do anything. You may hurt your case by not returning to work. Do not do anything until you meet with an attorney and discuss your situation. Set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Most attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. There are no hourly fees and most attorneys do not charge anything for an initial appointment to discuss your case. Good luck, my friend. Check Avvo website for attorneys in your locale who handle these types of cases.

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