Legal Question in Business Law in California

newly diagnosed with multiple sclerosis, laid-off
On March 23rd, 2004, I became employed by my former employer. On October 15th, 2004, along with another employee I was laid off. This was quite a suprise to me and came completely unexpected. I was recently diagnosed with Multiple Sclerosis on August 1, 2004. It just seems kind of odd that the lay-off came so quick after my diagnosis. Basically, I'm just wondering if I should consult with an attorney or not. When I interviewed with the company the owner was explaining to me how ''solid'' the company was and that it had been self-sufficient for quite awhile. Prior to that he had infused his own money to keep the business a float. One month ago I was moved into a cubicle and was told that the company was expanding and would be hiring someone to fill the empty cubicle next to me. I'm just trying to find out my options at this point.

Asked on 10/19/04, 9:51 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: newly diagnosed with multiple sclerosis, laid-off

IF you can show the lay off was related to you informing them of your MS, then you may have a discrimination complaint. If they are having money trouble and laid you off because you were 'last in', then your burden of proof goes up even higher. If you didn't tell them of the MS, then there can be no discrimination. Contact me to discuss the facts and options.

Answered on 10/25/04, 3:23 pm

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Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: newly diagnosed with multiple sclerosis, laid-off

The first thing I would think about is whether there are any aspects of the job that might have caused the onset of MS (or TM, transient myelitis, a condition often confused with MS). These aspects might include exposure to chemicals, radiation, or infected patients (if your work involved a health care setting). If I were you my first stop would be an attorney specializing in workers compensation law. Many workers comp attorneys are also familiar with disability discrimination issues. You may also want to file a disability claim with the California Employment Development Department and with Social Security (you will need a lawyer specializing in Social Security disability law). Both the workers' comp and Social Security lawyers are normally paid by the system without upfront money on the part of the claimants. Sorry this happened to you, and I hope you will make an appointment to see the two types of attorneys I mentioned, without delay. Good luck!

Answered on 10/19/04, 10:21 pm

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