Q: My date of injuries have been since 2010. I worked for a Union. I have 2 open workers comp cases.
I do have a work comp attorney. My injuries where being treated with steroid injection for over a year. Upon Jan 2012, I was told I couldn't use anymore injection cause it would damaged my kidneys. At this point is when I had to seek alternative meds just to kill the pain. I started to get write up cause I couldn't do my job fast enough. The pain was unbearable. The write ups along with improper use of company gas card led me to volunterily quit on 6/30/2012. I was given permission to use such gas card by the supervisor at that time. So not to get him in trouble i didn't say anything. Now this past month I've been told by this individual that he will testify on my behalf to clear my name since he no longer works there. Through out all this time I've been off work waiting to get my injuries healed. My leg injury is close to stationary but the arm is still damaged. Waiting for surgery. Both are still open. Am I consider still an employee due to MMI and can I open a wrongful termination?
A: You quit. That means you weren't terminated, so no wrongful termination suit. Also, the actions of which you complain happened before 6/30/2012, which was 4.5 years ago. A wrongful termination suit has a 2 year statute of limitations. An FEHA claim for discrimination has to be filed with the FEHA within a year of the wrongful conduct. A claim for retaliation under Labor Code 132a for filing a workers compensation claim has to be filed within 1 year of the offending conduct. Even if you had a claim, it appears to be barred by a statute of limitations.
Dale S. Gribow agrees with this answer
A:
if you have 2 workers comp cases going you should run it by your attorney.
are the cases still open?
if so can you work these issues into the cases before resolution?
however since you quit rather than being fired you have limited your recourse....in addition the statute of limitations would bar you from most of what you propose.
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