Legal Question in Disability Law in California

fired while on disabiliy

i hurt my back and have been under the care of my doctor. i had notified the company and kept them well informed of everything that was going on with me and even offered to due my work from home. after being off exactly thirty days, they called me and said that they were fireing me due to my disability and then sent me a letter stating the same thing. my insur. was terminated that day which delayed my mri. i also had been paying into a long term disability policy that would have kicked in after i had been out for 90 days. when i asked about it, they told me that they always terminate people in an even shorter period. their own handbook states that you can take a med leave of absences for 90 days. what can i do, i need help


Asked on 7/19/07, 12:36 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: fired while on disabiliy

Obviously, you need to consult with an employment law attorney to determine if you were eligible for FMLA and had your rights denied, or if you were discriminated against based on a disability. Many factors go into this determination, such as the size of the company, how critical your job was, the length of your employment, established company policies, etc. Consult with attorneys in your area to review the facts of your case and your options.

Read more
Answered on 7/19/07, 2:05 pm
Terry A. Nelson Nelson & Lawless

Re: fired while on disabiliy

If it is simply a medical leave for injury, not a permanent 'disability', you are not protected by discrimination laws. If so, your remedy is through the WCAB system, consult your attorney.

Read more
Answered on 7/19/07, 2:08 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California