Legal Question in Medical Leave in California

notification of termanation

I have been on medical leave of absense at work for a year and am unable to return.Is there any required written or verbal notice from my employer when i am terminated/lose my benifits.My calls to my employer are not being returned.As far as i know i am still employed.But a year has passed since my LOA.Should i recieve legal written notice of any changes?


Asked on 2/05/09, 2:11 pm

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: notification of termanation

You need an attorney at this point, if you are in Southern California contact my office

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Answered on 2/05/09, 5:35 pm
Terry A. Nelson Nelson & Lawless

Re: notification of termanation

Unless your company policies guarantee your right to return to work after this long a time [unlikely], probably the only thing you are/were entitled to is notice of COBRA insurance conversion rights upon termination. If that wasn't provided, and if you incurred uncovered medical expenses, you might have a claim for reimbursement from the employer. The law only provides for a 4 month max protected FMLA/CFRA leave. If you still think you have a valid claim, feel free to contact me if serious about pursuing it.

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Answered on 2/05/09, 6:31 pm


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