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How to get back pay from my employer?

La Habra, CA |

I was in a car accident back in Dec. 29 2010, Was out of work for 3 month on disability. Went back to work March 23, 2011, and work for 7 months with limitations. My general manager allowed me to be a door greeter for those 7 months, than he said that he couldn't allow me to do that anymore, and told me I had to leave,and the only thing I could do is go on Disability again. So on Oct.6 2011 was my last day at work. I was told by Human Resource that I was still on the books, but I've had to pay for my Medical Insurance on top of all my other bills and I don't make the money that I use to so it been very difficult. I would like to know if I could get any monies back for back pay on my wage,and vacation pay.

I had got a Lawyer and got a settlement, but what I'm trying to find out is how I can get back-pay for my time off work when I had returned to work for 7 months after my accident, and my boss told me that I couldn't work anymore with my limitation that my doctor gave me. the position that I was put on after my accident is a position that is at my work, but for some reason unknown to me they wouldn't let me stay being a door greeter. Just want to know if I am able to get any back-pay on my wages and vacation pay. I was never late to work at that time and never called out.I've been working for this company for 5 years come June 6 2012.

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Attorney answers 3


You can make a claim for all damages reasonably believed to be caused by the December 2010 accident if it was the fault of another. If that should be the case, I would contact an attorney that handles motor vehicle accidents in your area.

If the accident was not the fault of another, then I would consult with a labor or employment law attorney who represents injured workers.

If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.


You failed to mention what was happening with your car accident case?

If you go to my website at and click on car accidents, you can read all about what you are entitled to in car accident cases and so forth. It also discusses time limits, what you should do, etc.

My law firm handles car accident cases all over the state of California. You can read about these cases at . Our office gives free consultations over the phone 24 hours a day at 800-816-1529 x. 1.

No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.


If you received a settlement, then you must have signed a release of all claims that discharged the responsible driver for any further liability. If that is the case, you will not be able to seek additional compensation from that person or his/her insurance.

If you have additional questions, you should consult your attorney.

Good luck.

S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
Phone: (916)774-7200
Fax: (916)774-7203

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