Legal Question in Medical Leave in California

Wrongful Termination

Arpil 17,1997 my doctor placed me on disability for depression brought on due to job related stress. on april 21, 1997 I recived letter from employer they were accepting my temporary leave due to my doctors diagnosis and that they were placing me on the family leave act amd that my position would be temporarly filled. also stated that I would not be alloed to return to work withought doctors release. unfortunately Im still being treated for my condition. On July 11, 1997 I recived second letter from employer stating that my leave act had expired and we are forced to terminate my employment.

Question not knowing what the family leave act was should my employer have explained to me that there was a time limit to this act. Had I known I would of returned to my job, the reason I stayed out so long is because the V.P of company said that he undstood my condition and to take as much time as I need to get better. I would never leave a job at whitch I had been for 5 years earning 85k per year and I feel I've been miss lead and deceived I Worked my ass off for my employer worked over 60 hours a week I want justice.


Asked on 9/17/97, 7:54 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

family medical leave act.....depression

The twelve weeks spoken of in the Act are also affected by state law and insurance policies. You need a lawyer in your state who is thoroughly familiar with the issues of workers' compensation, and disability insurance, and the coverage your company and state aaccord employes ASIDE from the FMLA, which is too new to have been properly construed as of this time. That lawyer will probably be a workers' compensation lawyer or an employmenet discrimination lawyer. If you have a chapter of NELA, the National Employment Lawyers Association in your locale, please contact them. NELA members practice almost exclusively in the area of plaintiff's work and more than half our practices are in such work. We are proud members of NELA/NY. Find our counterpart at home.

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Answered on 9/19/97, 8:09 am


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