post termination ct claim

[D2theP]

What is the name of your state (only U.S. law)? California

i'm almost 4 mos post termination, have been denied unemployment and still feeling the effects of 7 years of physical work. is there a statute of limitations on filing a claim? will edd pick up ttd benefits right away? my picture remains on the er's website. can that be used to establish continued employment or as leverage or would that be another legal issue all together?

amplifacation upon request.... thanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[pattytx]

Did you ever report an injury to the employer? Stating NOW that you are in pain is a big problem; who knows what you might have done to injur yourself during the last four months or if you had some condition already that your work exacerbated? Seven years of manual labor IS difficult; I'm not unsympathetic. But manual labor is what manual labor is.

 

[JETX]

i'm almost 4 mos post termination, have been denied unemployment and still feeling the effects of 7 years of physical work. is there a statute of limitations on filing a claim? will edd pick up ttd benefits right away?

Yes. Since your claim is clearly 'questionable' (and an attempt to get DWC in lieu of the rejected unemployment), you need to contact your local DWC office. A list can be found online at:
DWC office locations

my picture remains on the er's website. can that be used to establish continued employment or as leverage or would that be another legal issue all together?

Not relevant. Send them a written REQUEST to remove your picture.

 

[pattytx]

One other thing.

Why exactly were you denied unemployment? Did you quit?

 

[D2theP]

er says i terminated for cause (tardiness). i filed for unemployment claiming that i was victim of labor force reduction (somewhere between 400 to 600 either term'd or laid off). they fired as many as they could get away with and then laid off the rest. my claim is that had it not been for the down sizing, i'd still be there, so i'm elegible for ubi. at this point we are talking survival, i have bills to pay. but there's no doubt about it, after 7 years of throwing 30-40 lb luggers of ice (about 1800 lbs worth every morning) and then handling that ice for part of the day plus other heavy lifting, bending stooping, etc i'm not the same man i was when i started there. did i report an injury...officially no. were coworkers and some management aware of injuries that i worked through, absolutely. will diagnostics confirm injury, yes. there is nothing to apportion to, so i think they buy it. i figured the time off would allow me to heal, but it hasn't. thus the time lapse. what do you think?

 

[Zigner]

Did you ever, during the time you were working for the company, seek medical treatment privately for your pain?

 

[pattytx]

So, WERE you excessively tardy according to the company's definition of excessive?

You have two separate issues here. Neither WC or unemployment benefits are needs-based. The fact that you now want to claim a worker's comp injury because you were denied unemployment is going to be fishy right off the bat.