Legal Question in Disability Law in California

Fired while disabled

I recently injured my knee on the job. I fell down three stairs and had 3 people witness this fall. My boss knew about it the injury because I told her, but I was afraid to fill out a claim form at the time. I am having my 3rd knee surgery and my dr. just put me out on disability because I can no longer walk or take care of myself, let alone many other tasks that I can not perform. My employer fired me a week after I faxed them my dr's note. I am in severe pain and am awaiting surgery currently. I have only been with the employer for 6 months so I do not qualify for FMLA. They wrote me a letter specifically stating they fired me for my knee injury. I filed a wc claim after my termination. Do I have a strong case, if any? Is a short leave a form of reasonable accomodation for my surgery(8 weeks)?


Asked on 6/18/02, 3:30 am

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Re: Fired while disabled

From your description of events it sounds like you have multiple claims. First, you should definitely file a claim for workers compensation. Second, you do not indicate whether you are a union member, if so you should file a grievance. Third, if you worked for a public agency you will need to file a government claim code. Finally, and most importantly, you should immediately contact the nearest office of the Department of Fair Employment and Housing and file a charge for disability discrimination. This is a must. While you will have to do the above yourself, you should also contact a local attorney who practices in this field or additional advice and guidance.

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Answered on 6/24/02, 3:58 pm


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