Injured, fired and stiffed. Now what?
I was injured on a construction job, was fired by employer while in the hospital. Employer refused to pay commissions owed. Owner promptly died.
Now what?
Answers (1)
Claims for workers compensation, retaliation and w
It sounds like you have several viable claims, some of which depend on the size of your employer. You should definitely hire a worker's compensation attorney and find someone to determine whether your employer is subject to disability discrimination laws and family and medical leave rights.
You may also have potential claims for retaliation for making a worker's compensation claim and for wage claims based on your commissions. The wage claims can often be effectively brought without an attorney by contacting the California Labor Commission in your area.
Overall, if your employer is deceased and did not leave an estate or continuing operation, the biggest problem may be collecting any amounts owed. Fortunately, there should be monies to pay a worker's compensation claim, either through the employer's insurance or through the State of California's uninsured employer's fund.
In any event you should try to find counsel in your area.
posted by Richard J. Vaznaugh | Feb 20, 2001 6:47 PM [EST]
It sounds like you have several viable claims, some of which depend on the size of your employer. You should definitely hire a worker's compensation attorney and find someone to determine whether your employer is subject to disability discrimination laws and family and medical leave rights.
You may also have potential claims for retaliation for making a worker's compensation claim and for wage claims based on your commissions. The wage claims can often be effectively brought without an attorney by contacting the California Labor Commission in your area.
Overall, if your employer is deceased and did not leave an estate or continuing operation, the biggest problem may be collecting any amounts owed. Fortunately, there should be monies to pay a worker's compensation claim, either through the employer's insurance or through the State of California's uninsured employer's fund.
In any event you should try to find counsel in your area.
posted by Richard J. Vaznaugh | Feb 20, 2001 6:47 PM [EST]
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