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.
Employment / Labor Attorney
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 www.cela.org, 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.
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Sexual Harassment Attorney
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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