Legal Question in Disability Law in California

Re: Discrimination

If your husband was going to be included in the RIF, regardless of his disability, it is probably legal. However, if he was targeted for layoff because he filed a workers compensation claim, the employer may have violated section 132a of the state labor code, which prohibits discrimination against employees who file such claims. He will need a workers comp. attorney to advocate such a claim for him. These are not easy cases to prove.

In order to be eligible for state unemployment, an employee must be able to work. If your husband cannot work, he cannot qualify for unemployment. But he should look into applying for SSI disability from the federal government if he can show he cannot perform any work for a period of 12 months or more.

Re: Discrimination

He can collect SDI from EDD for one year. If he should remain on disability, he has to file a WCAB application and demand worker's Compensation carrier to pay temporary disability benefits and if carrier declined, set it for a hearing. Your husband really needs to retain an attorney who knows what should be done. Feel free to call us at 213.388.7070 for a free consultation.

Re: Discrimination

First, your husband should get a workers comp lawyer if he doesn't have one.

Second, he should look into potential claim for violation of Labor Code 132a which is separate from workers comp benefits.

Third, the case must be carefully explored for potential disability discrimination and wrongful termination in violation of public policy.

Fourth, he should pursue SDI and possibly SSDI/SSI if he is totally disabled.