Q: Can a job declare me ineligible for rehire bacause I had a workers comp claim that involved a lawyer 10 years ago?
I was hurt catching a patient and had to get a lawyer to get medical care covered. The job said they didn't have work within my restrictions so I took a job elsewhere. I only got an attorney because of medical issues. I never recieved payments. I didn't know I could have recieved payments till after I had a better paying job elsewhere. I did get a settlement a few years later..
I tried applying back to the company for a diff. Job same field but they said I was ineligible for rehire.
A: Perhaps you are not a possible rehire because you have permanent work restrictions?? Without knowing the requirements of the job for which you applied and your permanent work restrictions, it's impossible to know. It is a violation of Labor Code 132a to discriminate against a worker in retaliation for the worker requesting Workers Compensation benefits... but proving that is nearly impossible. In 31 years of this, i've only proven it at trial twice! IF you can get a writing from Human Resources that you are labeled as 'ineligible for rehire' due to your filing a workers compensation claim, you have something with which to negotiate a demand they re-classify you, but calculating the back wages award and the penalties is impossible. Then, you may have a Dept. of Fair Employment & Housing (DFEH) complaint...if you can PROVE you are ineligible for rehire any where in this company because you are a person with a disability, THAT'S a seven-figure matter. But most companies aren't THAT stupid.
A: Many times as part of a settlement negotiation your former employer will ask for a letter of resignation and that you’d be in eligible for rehire therefore they could buy out the entire claim and close out the future medical this occurs 90% of the time when you get a lump sum settlement
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
