Legal Question in Disability Law in California

Released from Job after Disability

Back in August I was a victim of crime and my ankle ended getting broken.

I was set to return back to work on Nov. 18th. On November 17th my Doctor released me for part time work.

My job required me to work 40 hrs. per week as I was a salaried manager.

I was told to wait until a full release. I kept in contact with my HR rep throughout all of this, updating her on my situation.

At the beginning of December I was told that I either could take a demotion to a part time position or apply for an extension to my LoA. I was given one day to make that decision, when my follow up appointment with my Docor was in 1 week.

I chose to wait until my scheduled Doctor appointment. Upon visiting my Doctor, he issued me a full return to work.

I left a Voicemail with my HR rep and did not recieve a response until Dec 27th.

I was told to submit all of my medical documentation for my LoA extension. I faxed in all the paperwork on Dec 29th.

Just today I call my Benefits center and am informed that I have been fired and to contact my HR rep for further instructions.

I am not sure if there is anything I can do about this, but it just seems wrong to me. I did everything they asked of me and still was terminated. Help?


Asked on 1/11/07, 3:09 am

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Released from Job after Disability

You may have a claim for failure to accommodate a disability or engage in a "good faith interactive process" to return you to work -- as well as a claim for wrongful termination and for failure to provide family medical leave. Feel free to contact me on my private email, and I will call you to talk about the details of your case. Good luck.

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Answered on 1/17/07, 6:51 pm


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