Legal Question in Disability Law in California

Re: Lay off while under doctor's care

If you qualified for FMLA or its California counter-part, the employer must put you back in the same or equivalent position when you return from family/medical leave, unless you would have been laid off anyway, for legitimate reasons. Whether you have recourse depends on the reason the employer uses to justify why they laid you off, and if it can be proven to be pretextual.

You certainly have the basic facts to make an issue out of it. You should consult with an experienced employment law attorney to evaluate your case and explore your options, or you could file a claim with the California Department of Fair Employment and Housing. The time limit is one year from the effective date of your lay off.

Re: Lay off while under doctor's care

Depends upon whether you qualified for FMLA, you followed employer rules for reporting and providing doctor notes, whether there was anyone else also laid off, etc. In general, you are protected if under FMLA. Feel free to contact me if interested to discuss the facts and recourse.

Re: Lay off while under doctor's care

It depends on the date you began employment (how long you worked there), how many hours you worked the previous year and how many employees the employer has within 75 miles of your work location.

If you have worked for the employer more than one year and worked more than 1250 hours the previous year. Furthermore, if the employer has more than 50 employees, it is possible that your lay off was not legal.

Moreover, if the surgery was for a disability or a work related injury, there maybe other issues to look at.

To better assist you, please contact me at my e-mail below.

Sincerely,

Beth Mora