Hi, worked 18+ at Santa Clara County. I am few mo shy to 50. I made a mistake that is costing me my job. County wants terminate me-w/out medical benef. Union ask for skelly ext as needed to review case -no hearing, straight to Termination. I am battling a chronic Hep-C which I am sure I contracted at the County as I work 1-1 with clients - homeless, ex-convicts, drug addicts etc. Can anything be done so I can take my medical insurance? Not sure if the County will prosecute. Sup. came abord -2010, I was harrased by Sup, peers, isolation, retaliation, hostiliy, defamation of charcter. Sup-never took action. Stress made Hep-C active, my behavior, mood, everything changed -didn't know what was wrong until test results. Can employer question me while on legal drugs that affected my memory etc.
Any response to this situation will turn on specific facts. The Avvo board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.
Employment law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
These are very complicated facts and you have a lot of time invested in your employment. I know from many years of personal experience that government employers often welcome a negotiated resignation in lieu of a termination that could lead to litigation. You absolutely need to consult with a skilled and experienced employment attorney, one who has substantial experience in handling cases against your very same employer. Get your consigliere hat on and find the right counsel: Google, ask your union, ask around. Some law firm or two or three has been handling employment cases against SCC for a few years and really knows the territory and the players. That is your lawyer and you need to find him/her NOW.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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