Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused
After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got sick since, blocked me file TDI benefit that doctor filled the TDI form on my behalf, employer refuse to sign the form. retaliated me because a coworker volunteered went to Union complaint discrimination harrasement and retaliation, and the next day employer accused me suicide, then fabricated my job application and fired me to block me see doctor. how do i sue my employer? my employer changed the "Location of Accident" on WC-1, and subpoenaed fraud medical records, I'm suffering physically, mentally, and emotionally. Director issued three Decisions, one awarded me for a work injury, the other two for suffering personal injury for the same case, is my case a work injury and personal injury case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:
1. Document everything: Keep detailed records of all incidents, communications, and any evidence related to your claims.
2. File a complaint with the Hawaii Civil Rights Commission (HCRC): They handle employment discrimination cases in Hawaii.
3. File a complaint with the Equal Employment Opportunity Commission (EEOC): This federal agency also deals with workplace discrimination.
4. Consider filing a workers' compensation claim: If you were injured or became ill due to workplace conditions.
5. Consult with an employment law attorney: Given the complexity of your case, it's advisable to seek legal counsel. An attorney can help you navigate the various claims and determine the best course of action.
Regarding your specific questions:
1. Your case appears to involve both work injury and personal injury elements. The work injury aspect relates to the illness you developed from the chemical exposure, while the personal injury claims may stem from the discrimination, retaliation, and emotional distress you've experienced.
2. To sue your employer, you'll typically need to first file complaints with the appropriate agencies (HCRC and EEOC) and receive a "right to sue" letter. Your attorney can guide you through this process.
3. The changes made to your WC-1 form and the subpoena of potentially fraudulent medical records are serious issues that should be addressed with your attorney and the relevant authorities.
4. The three decisions issued by the Director should be carefully reviewed with your attorney to understand their implications for your case.
Given the complexity of your situation involving multiple legal issues (discrimination, retaliation, workers' compensation, potential fraud), it's strongly recommended that you consult with an experienced employment law attorney in Hawaii. They can provide personalized advice based on the specifics of your case and help you pursue the appropriate legal remedies.
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.
