Elder Law News

Any Employer, Whose Employee Has Suffered Unlawful Violence Or Threat Of Violence

Any employer, whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. The employer initiates the action with the filing of a “Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee and Application for Temporary Restraining Order.” The initial order rendered is in the form of a temporary restraining orders with a corresponding court hearing date. At which time a restraining order lasting up to three (3) years may be granted. The employer asking for this order, on behalf of his or her employee against the other person, may file a petition at any clerk’s office in the Kings County Superior Court. The necessary forms may be obtained at any of the clerk’s offices or may be downloaded by linking to the web site for the Judicial Council web site located at www.courtinfo.ca.gov/forms. The Judicial Council has prepared instructions for lawsuits to prohibit workplace harassment, Judicial Council Form WV-150.  The instruction booklet describes court orders an employer can get and how to obtain them.  It also includes directions for a respondent who wants to oppose the employer’s petition. The instructions do not cover all of the problems and questions that may arise in a particular case.  If you are not clear on how to protect your rights, you should see an attorney.

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	Did You Know?
	Medicaid does not provide medical assistance for all poor persons. Even under the broadest provisions of the Federal statute (except for emergency services for certain persons), the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups. Low income is only one test for Medicaid eligibility; assets and resources are also tested against established thresholds.