Legal Question in Disability Law in California

disability discrimination & termination

my husband suffers from major severe depression, he worked for his company 21 yrs, he was terminated after 1 yr on medical leave. before he went out on disability he had told his supervisor several times that the overtime they were requiring of him was too much for him to handle.he gave all the mandatory leave of absence forms required of him. he was out on state disability, we spoke with an attorney who suggested he file with the dfeh in CA. we did that,now what?


Asked on 5/17/07, 11:57 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: disability discrimination & termination

There is no requirement that a company indefinitely hold his job while on leave, unless the company policy or union contract says so. That would be unlikely. He has exceeded the FMLA leave max time, and probably has no basis for claim against the employer unless he is still using accrued sick leave; also unlikely.

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Answered on 5/18/07, 1:59 pm


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