Legal Question in Disability Law in California

Re: Released before being off disability

Actually there is precedent in this and other circuits that the "completely healed" doctrine does not apply to either the ADA or the Fair Employment Housing Act (FEHA). The reason being is that a disabled person is entitled to accommodation. If an injured person cannot perform a full days work he can as a reasonable accommodation work a partial day while the person is healed.

Under the ADA and FEHA you are entitled to indefinite unpaid leave as an accommodation for your disability. Provided of course, there is a reasonable belief you will eventually be able to return to work. However, if the employer can prove that giving you six weeks leave of absence has put an undue burden or financial hardship on the employer then there might be grounds on termination.

What you need to do is contact the EEOC or the Department of Fair Employment and Housing and file a complaint. There might also be grounds for a retaliation claim under Workers Compensation Laws.

Re: Released before being off disability

Whether this employer violated any of your legal rights depends on very specific facts that may apply to your case. There are a number of laws that apply to medical disabilities.

For example, if you were employed with this company for at least one year, on a full-time basis, you are entitled to take up to 12 weeks off for a serious medical condition, without fear of losing your job. But you must request this specific type of leave that the employer will confirm in writing.

It is also unlawful for employers to discriminate against employees who suffer from certain types of disabilities and that they engage in an interactive dialogue to reasonably accommdate that disability, as long as the accommodation does not create an undue hardship to the company.

You should schedule an appointment with a labor law attorney in your area to get a full assessment of the facts of your case and determine if your rights have been violated.