Legal Question in Disability Law in California
unlawful termination
i was placed on an initial disability leave of 90 days
by my physician in order to more fully recuperate from an extensive injury to my left leg that almost required amputation. i notified my employer of this both in writing and by a verbal conversation with my supervisor. when my period of disability was due to end i called to inform them of this and i was for all intents and purposes fired and my position had been filled. all further attempts at contact with my previous employer have been unsuccessful at best . i was under the impression that i could not be fired under these circumstances. is this true?
1 Answer from Attorneys
Re: unlawful termination
No. Medical leaves are per the company rules. They are not required to provide them or to hold you job. Sorry. You would need to show that the company policy was violated, or that the the company has a 'custom' of allowing employees to return after similar length leaves. Then you would have an argument that they breached an agreement with you. If you are a long term employee [ten+ years], and if they did breach, then it may be possible to get them to rehire or to pay you a 'severance' package. If so, contact an attorney.
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