Los Angeles, CA asked in Employment Discrimination, Employment Law and Workers' Compensation for California

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

2 Lawyer Answers

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

Nancy J. Wallace

Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: I don't know the statute of limitations on gender discrimination complaints. I do know that you need to file the Workers Compensation action while you are actively employed or it is considered a post-termination claim, difficult to prove. IF YOU DID submit the claim while you were still employed and you were demoted or lost hours in retaliation (and you can prove it was the comp claim that resulted in the demotion and lost hours), then you have one year from the discrimination to file a 132a Petition with the WCAB and serve your former employer.

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