Legal Question in Disability Law in California
Employer promised position once recovered from disability
Shortly after becoming temporarily disabled my employeer promised that he would hold my position for up to a year if needed for recovery. He would hire a temporary employee while I was out. Four weeks later I received notification that I was being laid off. There is a new employee in my place. Does the verbal agreement worth anything?
2 Answers from Attorneys
Re: Employer promised position once recovered from disability
There is a law known as the "Family Leave Act", which allows you up to 12 weeks leave of absense. While they do not need to hold that particular job open for you, they must offer you employment at the same level of income.
The company must have 50 or more employees to be subject to this rule. There may be some state regulations that apply, too, but I would need more information on you and the company.
Re: Employer promised position once recovered from disability
You might also have a claim for disability discrimination under the Fair Employment and Housing Act. You should contact their Oakland office (in the blue pages of the phone book under State Government listings)and tell them you want to file a charge for discrimination. They might be able to help you; otherwise you can, of course, retain a private attorney but before you could file suit you will have to have what is called a "right to sue" letter from DFEH
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