Legal Question in Disability Law in California
Malicious intent by employer towards disabled diabetic employee
While out on disability due to my diabetic condition, I kept my employer updated as to my return date. My employer always assured me that my job, which has high turnover rate, was waiting for me. I have nothing negative in my file that I am aware of, yet when I was able to return to work I was informed that it was in my employer's ''best interest'' not to take me back at this time. I was told I could reapply, yet being a ''new hire'' I would no longer be qualified for benefits. My employer has never sent me any information regarding my termination. Do I have a case? Where do I go from here?
3 Answers from Attorneys
Re: Malicious intent by employer towards disabled diabetic employee
Even if you exceeded the time limits of company policy or the federal or state leave laws, you may still have a claim for disability discrimination. More information is needed to fully analyze your potential claims. If you have not secured experianced counsel to assist you, feel free to call.
Re: Malicious intent by employer towards disabled diabetic employee
California is really an "At Will" state, and this means that an employer can terminiate you for almost any reason at any time, but this does not mean that they can discriminate against you. . . If you were discriminated against because of your medical condition you would fall into the Americans With Disabilites Act (ADA).
The Western Law Center for Disability Rights located in Los Angeles will most likely be able to assist you. Their number is 213-736-1000, ask for the Western Law Center.
Re: Malicious intent by employer towards disabled diabetic employee
You've given insufficient info. If the employer has a policy of how long a medical leave can be and still keep your job, they can be compelled to honor it. If they have no policy, or maybe even a custom and practice of allowing return before a certain time limit, you fall back onto the state and federal versions of 'Family Medical Leave Act' that allow a fixed number of weeks of leave during which the employer must hold your job under certain conditions. If you have exceed one or both time limits, then the 'new hire' status may be accurate. If you think you are covered by policy or law, and the employer violated them, you should pursue the issue with an experience attorney. Even if you aren't protected by policy or law, it may be possible for an attorney to 'negotiate' your return with seniority. Contact me if interested.
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