Re: suing supervisor in small claims court in Ca

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On 1/19/07, lawguy wrote:
> On 1/18/07, Terry wrote:
>> You're headed down the wrong legal path. If you were terminated
>> in retaliation for filinga a worker's compensation claim, you
>> don't take that to small claims court. You file a complaint
>> with your State's WC Division and they handle it. You may wish
>> to consult with an attorney who specializes in worker's comp.
>
> in california, employees can also file complaints with the Labor
> Commissioner (Division of Labor Standards Enforcement) for
> discrimination/retaliation based on workplace safety/injury issues.
>
> here's the info page:
> http://www.dir.ca.gov/dlse/HowToFileDiscriminationComplaint.htm
>
> good luck.

You may file a wrongful term case in small claims court but you must
realize that there is no right to appeal. Moreover, the
judge/commissioner may be employer friendly. Its best to file with
the labor board as they will generally seek an equitable settlement
if you have some facts to substantiate your claim.