Legal Question in Disability Law in California

Re: fired while on disability

You really should consult an Work Comp Attorney if the disablity was job related, if in Southern California. Please send me an email with your contact information and we can discuss your particular facts.

Re: fired while on disability

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

While 'feeling' is not proof, if you have any evidence of racial discrimination, such as documents or witness statements to racial comments, jokes, etc., thereby showing race to be a factor or motive in this, feel free to contact me. Company size or length of employment is not a disqualifying factor in such claims.

Re: fired while on disability

I'm not sure this was fully answered by the other replies you received. In addition to the CFRA (California's family leave laws) California's version of the ADA (disability discrim. laws) require employers to grant leaves of absences as accomodations to disabled employees. So, if the employer has more than 5 employees, it would (most likely) not be allowed to fire her for taking a leave of absence. Also, if the employer hired relatives in her place, that suggests a bad motive. . . I'm not sure what the facts are on the racial factor, but you might have a claim there as well.

Feel free to send email w/ more details - I'm in San Francisco, but handle cases state-wide. Good luck.