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Labor law Retaliation for work injury and harrasment

Bakersfield, CA |

I was injured at work on April 4 I went to a follow up last week on the 23 and was told i was going to be refereed to a specialist Orthopedic my fracture finger because bone didnt heal and i am going to need surgery that day i return to work and i was written up for my injury they also re-did my review on the 23rd which i had gotten my review on the 1st three days before my injury. Today i went to work i was using dark shade safety glasses in the morning it was dark outside because those where the only pair i had a co-worker brought it up to me and the supervisor when he show up i got Another write and Suspended until i pass my drug test because they have suspicion i am using drug which i am not I got a Work comp Lawyer already Do i need a Labor Law attorney It is becoming very stressful

Attorney Answers 4


  1. Best answer

    I would speak to your attorney first and then determine if an employment attorney is necessary, or perhaps your attorney will handle your employment issues as well. Labor Code 132a addresses discrimination for filing a workers compensation, which is a case that would be heard by the Workers Compensation Appeals Board and your workers compensation attorney would likely handle. You may also have other issues such as violations of ADA and FEHA which may be handled by another attorney.

    First step for you would be to have a phone or in person conference with your workers compensation attorney to develop a plan of action.

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO answer or any messages or emails from Silberman and Lam, LLP. Attorney/client relationship will begin only when a retainer has been signed.


  2. Unless you are in a Union, you do not want a labor lawyer. I think it would be worthwhile for you to talk to a plaintiffs' employment attorney. Many will provide free consultations. If you are terminated, the damages you can get from a wrongful termination case brought in civil court are significantly more than what is available in the workers' compensation arena. That said, if you are using illegal drugs, and the drug test reflects that, there's not much a lawyer can do to help you.

    The answer provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. Neither the transmission of the information contained in this answer nor your use of the information creates an attorney-client relationship between you and Pierce & Shearer LLP. An attorney-client relationship can only be created by the mutual assent of both parties and only after a consultation. Pierce & Shearer LLP cannot agree to be retained as counsel until a conflict-of-interest check is completed and a written engagement and fee agreement provided by Pierce & Shearer LLP is signed by you and a Pierce & Shearer LLP attorney.


  3. Based upon the situation you describe you should consult with an employment law attorney. Use the Find a Lawyer tab on Avvo. Also, here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area. CELA attorneys specialize in representing employees and many offer free consultations. Best of luck to you.

    http://www.cela.org/

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. I would suggest you talk to an employment lawyer because you have been retaliated against and subject to a hostile work environment. I would contact an attorney immediately.

    Matthew Famiglietti

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