Legal Question in Medical Leave in California

medical leave

i worked for a small pest company for 3 years helping to startup the compay for a friend whom ive worked with in the industry with for a decade or more. when i started to work i held multiple licenses required to work in the industry.i told them of an exsiting back problem(sciatia of the lower back diag 96') and that heavy labor could not be the norm.i worked very hard for the company bringin it to life when i found out that theer had been a paperwork problem and one of the licenses was not valid due to the missing paperwork(this was nessasary for the operators hours)i had to do the years time all over again.times got tough and they everyone go but me and then dubbled my work load. without trying my back failed(which what i was told by doctors if i kept up the hard work,thus the reason for going owner operator. when i had emergency back surgery in nov 07. i told my employer (mom & pop style) i really cant afford to take off due to gettin the hours needed for the state operators license. i was told everthing would be fine and to take the time off. so i did(like i had the choice at this point)and two monthes later they cut off medical insurance and fired me. no hours no license no job no hope with a pre-existing med cond.


Asked on 3/20/08, 9:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: medical leave

If the company is going under, or out of business, or has no substantial assets, then it won't matter whether your claim has merit or value, unless the individuals were also legally liable for your claims, and THEY had assets. Your claim depends upon proving you had an enforceable 'agreement' they breached without cause, and have provable damages, and can overcome their business reasons for the termination. Not an easy claim, nor one an attorney is likely to take on a contingency unless there is a reasonable showing that a judgment would be 'collectible'. If you think you can overcome those hurdles, feel free to contact me if serious about getting legal help.

Read more
Answered on 3/21/08, 1:15 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California