Legal Question in Disability Law in California

employee has cancer...won't be rehired after time off.

My wife has worked for a company for 5 years and done about every job there. Last Fall, she collapsed from a brain tumor, was operated upon, radiated and is doing okay. Her disability has run out and she feels like she's able to work, but we can't get an answer from her boss about when, if ever, she can come back.

Is this discrimination? Her boss lost his mom and best friend to cancer and we feel that seeing my wife freaks him out...so he doesn't want to bring her back. This hurt our feelings, not to mention our pocket book.

Do we have a case?


Asked on 4/14/98, 2:20 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

California Disability Discrimination

If this is a California employer, employing 5 or more employees, the California Fair Employment and Housing Act may apply. If 15 or more employees, the Americans with Disabilities Act may apply.

You may want to contact the nearest office of the Department of Fair Employment and Housing, after providing the employer a doctor's release and an offer to return to work.

The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.

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Answered on 5/01/98, 1:18 pm


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