Archived
Do I need to go thru the fair housing and employment dept to sue an employer for wrongful termination for alcoholism in calif
George's answer
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Answered on June 04, 2012
Alcoholism is a Disability, but being Drunk is not. The Employer has no way of knowing that Bob is an alcoholic unless he asks for accommodation. ...
Archived
What should I do? I have a current WC comp case open (status P&S issued by PTP -QME eval coming up) I have evidence printed of..
George's answer
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Answered on June 03, 2012
Mr. Borah is correct that discrimination solely because of your WC claim is a LC 132a remedy. The problem will get worse for the employer if the...
Archived
Intent to cause emotional distress.
George's answer
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Answered on June 03, 2012
Self-inflicted wounds ARE a cry for help, but not a work-related injury. They are SPECIFICALLY excluded by Labor Code section 3600(a)(5). I hope...
Archived
If you take the lump sum settlement in a worker's compensation case, how is the money paid to you? Plus Medi-care set aside.
George's answer
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Answered on June 02, 2012
Lump sum means one net payment. You receive +/- 85% of the gross, and your attorney gets a separate check for his 15% or so. As for any other...
Archived
Question regarding bi-weekly workers comp. repayments.
George's answer
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Answered on May 31, 2012
The 90% answer is that your Temp Disability payments are not subtracted from your final settlement, but the Permanent Disability payments following...
Archived
What type of severance is appropriate to avoid backlash from firing someone?
George's answer
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Answered on May 28, 2012
CA is an At-Will Employment state, so as long as there is no discrimination you do not actually owe the worker a dime. If you want to exchange 2...
Archived
Why is it almost impossible to hire an attorney to represent me in a 132a WC case filed in Los Angeles, CA?
George's answer
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Answered on May 27, 2012
They fired you for a reason other than your work injury, according to your history. Your FMLA time expired after 12 weeks.. The Employer does NOT...
Archived
Can the planing department or any county agency limit the hours of amplified sound at my out door festival?
George's answer
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Answered on May 25, 2012
Noise carries. Even if you don't think a restriction on the hours of loud noise are reasonable, the City does not HAVE to give you a permit unless...
Archived
How long can i have medical treatment under worker's comp?
George's answer
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Answered on May 25, 2012
You technically have the right to lifetime care, as needed, for your work-related injury. Practically, you have the right to necessary care as...
Archived
My employer fired me while on short term disibility.
George's answer
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Answered on May 25, 2012
I would guesstimate that there is an 90% chance that the termination was legal, and 10% chance that it was not. There are about 20 reasons to end...
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