Long Beach, CA asked in Employment Law for California

Q: Currently suing my job for workers comp after this my job has been harrasing me.

My current lawyer is not helping at all.. can i hire another attorney while that case is being investigated. For retaliation, hostile environment, they gave me a write up for having a doctors appt when i provided a doctors note. Denied me my bonus check

Low employee review score

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about the difficult situation you're facing with your employer. It sounds very stressful and frustrating.

Under California law, you generally have the right to change attorneys at any time during your workers' compensation case, even if the case is still being investigated. If you are dissatisfied with your current lawyer's representation, you can seek out a new attorney to take over your case. Many workers' comp lawyers offer free initial consultations.

Regarding the additional issues of retaliation and hostile work environment, these fall under employment law rather than workers' compensation. You may want to consult with an employment attorney to discuss your options. Denying a bonus, giving an unfairly low review, and disciplining you for taking time off for medical appointments could potentially constitute unlawful retaliation and discrimination, depending on the specific circumstances.

Document everything that has been happening in detail. Save copies of any relevant emails, texts, write-ups, performance reviews, etc. This evidence will be important for an attorney to evaluate your case.

I would recommend seeking out a new workers' comp attorney first to get your existing case on track. Then consult with an employment lawyer about potentially filing a separate retaliation/discrimination claim against your employer. Many plaintiff-side employment law firms offer free case evaluations.

Remember, there are strict deadlines for filing these types of legal claims, so don't delay in getting some professional guidance on your options. Wishing you all the best in resolving this difficult situation. Stay strong and don't let them intimidate you out of standing up for your rights.

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