Legal Question in Disability Law in California

wrongful termination and discrimination

If a person accepted a position with a county and went to great exspense to relocate and accept position. This person has a Disability. After the the third week on the job he was assaulted and injuried by a patient on the job. Due to head injuries he was not able to return to work until approximately 30 days later. During this time the county terminated the employee twice, back dating the second termination to date after assault. The employee had stated he had a disability on his application. The employee sent a certified letter to employer requesting reason accomidation and with a back to work date. Employer stated this person was terminated, and no reasonable accomidation would be made. Does this person have grounds for discrimination and wrongful termination action?


Asked on 7/22/08, 5:56 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: wrongful termination and discrimination

No, as all county employees are generally subject to a collective bargaining agreement, whether in the union or not. Contact the union rep about the issues. Union employees have no right to civil suit for employment issues.

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Answered on 7/23/08, 1:51 pm


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