Legal Question in Disability Law in California
I have been on disability for approximately 1 month. My doctor has released me to return to work on a modified work schedule for 2 weeks. I received a letter from my employer stating that if at the end of the 2 weeks, I cannot return full time my employment will be terminated. In addition, SDI mailed the forms to my employer on March 25,2013 and the forms have not been returned.
Is this legal?
3 Answers from Attorneys
It depends on whether the Company fires you because of your membership in a protected class. In other words, does you medical condition qualify as a disability under FEHA / ADA, and they fired you because you are disabled. It would also be unlawful for them to fire you in retaliation for taking a protected leave of absence, such as a family or medical leave that is job-protected under CFRA or the FMLA.
You may have a case for unlawful discrimination based on your medical condition and/or disabilty, but more facts need to be known before your matter can be analyzed. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation. 499-481-6909.
If your injury is work-related, then you need a doctor to certify you for disability on SDI/EDD new forms. Feel free to call us at 213.388.7070 for a free consultation.
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I was unlawful terminated a week later for being disable Asked 4/29/13, 11:14 am in United States California Disability Discrimination Law (ADA)
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