Q: Are there any exceptions to the rule for labor code 132a past the one year statue?
I was injured on the job and the doctor reported it as compensable and modified my job duties. I was terminated on the day that the doctor release me to work if there was modify work.
The employer told me I was terminated for not following procedure for an incident that happened a month prior. They offered to pay two days of pay for that date and the day after. I didn’t get the chance to ask or object and was escorted out.
It was past one year when I realized I was terminated because of retaliation. I didn’t know that there was a lc 132a. I had asked for my personal file from the insurance carrier but they never sent me all of my file.
The original attorney told me that they’ve sent everything related to my claim to me. This attorney was dismissed recently so I made another demand for my file with their new attorney.
I reviewed the new information and I saw that the seperation later listed the misconduct date as the day I went in to give my dr note to my manager.
A:
I do not know of any exceptions for the Statute of Limitations for a 132a claim. The statute simply says one year from the incident. So it is probably too late for a 132a.
However, if the dismissal was as egregious as you say, there may be other remedies, though I think it is also too late for an EEOC claim, and it is my understanding you need approval from the EEOC to proceed in civil court. At this point I suggest you speak with an employment attorney. Most county bar associations will make the referral.
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