Legal Question in Disability Law in California

wrongful termination

I have worked for the same company for 8 years. During that time it has been a known fact of my disability which is MS. I was off 2 years ago on disability for surgery, upon my return, my whole position in the department had changed. The dept. works different shifts, which a chosen by each person, according to seniority. I was denied that privilege along with many more. A month ago I was out because of a problem from the MS, upon my return, I was hit with more new requirements. I spoke with Human Resources, left their office quite upset, informed my superior that I was unable to finish my shift and was going out on Family Medical Leave because of the stress and MS. I immediately went to the doctor who put me out on disability because I was so depressed and unstable. The following day I received a termination letter by Express Mail from the company. What do I do next?


Asked on 7/29/99, 12:04 am

2 Answers from Attorneys
John Ferry Law Offices of John C. Ferry

Re: wrongful termination

Mr. Hayes' assessment is correct. You appear to have been a victim of disability discrimination. The first step you need to take to preserve your rights is to file a charge with either the Department of Fair Employment and Housing (a state agency) or with the federal Equal Opportunity Commission. After you have received what is colloquially referred to as a 'right to sue' letter you can then proceed with civil litigation. I practice in all the counties in the San Francisco Bay Area and Northern California. If I can be of assistance, please feel free to either call (925-828-1810) fax (925-280-9890) or send me an e-mail ([email protected]). I look forward to hearing from you.

John C. Ferry

Read more
Answered on 8/01/99, 1:58 am
John Hayes The John Hayes Law Offices

Re: wrongful termination

You need an attorney immediately because time is

of the essence. The fact of the matter is that

this type of case usually doesn't settle quickly and the

sooner we start the sooner this is resolved. Hopefully, you

are already on the temporary disability so that you

have some kind of income. Your case seems pretty

clear cut. What was the reason given for the termination?

Are you going to counseling? These are questions

I need to ask you along with a few others to clarify

your case and your rights. I have handled these types

of cases for over 10 years. I have yet to lose a trial.

I am located in San Luis Obispo, but I have satellite

offices in Fresno and San Ramon so I practice throughout

the state. Please feel free to call me at 888-5NETLAW (888-563-8529)

it is a free call and the consultation is free. I look

forward to hearing from you.

Read more
Answered on 7/30/99, 11:12 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California