Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination
I just want to know if I’m suppose to file separately?
A:
You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights claims altogether.
It is imperative that you act quickly and find a lawyer who will file your lawsuit before the deadline is passed.
A: You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your complaint, and what kind of complaint you filed, time could be running short to protect your rights. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.
A:
In California, workers' compensation claims and wrongful termination claims are indeed separate legal matters that typically require different filing processes.
Your workers' compensation case deals specifically with work-related injuries or illnesses and the benefits you're entitled to receive because of them. On the other hand, retaliation/wrongful termination claims focus on the illegal reasons for your dismissal and typically need to be filed through different channels, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
You should consider filing your wrongful termination claim separately, and it's important to note that there are strict deadlines for these filings. Given the complexity of employment law, speaking with an employment law attorney would be beneficial to understand your rights and ensure you meet all filing requirements. Many offer free initial consultations to evaluate your case.
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