Legal Question in Employment Law in California

out of disability and my job got taken from me-

I've been a retail manager in a company that sells ''upscale'' home furnishings/housewares/etc., and have been a manager for the past 16 years. I got hurt while on the job, hurt my leg and knee, and have been off on workmans comp/disability for the past 3 months. I'm due to come back to work in October. One of my employees called me today to inform me that the regional mananger of our store was in today, and announced that ''Mollie'' was now the new store Manager of the store, that she had just promoted Mollie today. (Mollie is an asst. mgr from another store, and has been filling in for me in my absense. )

Can they do this?? This is incredible to me, I have been planning on coming back to my store, My doctors say I'm good to go back , so how can they replace me?? is this legal?? do I have any legal recourse?? I need some answers. I thought my job was ''safe''-otherwise how would anyone ever go on workmans comp/disability ? 16 years and they actually replaced me~! I've been in contact with the regional manager as I'm supposed to check in, however she has never once bothered to telephone me back in the last three months.

Just for the record, I'm a sallaried employee, fulltime, theres no hidden ''under the table'' contract,s.


Asked on 9/30/08, 12:35 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: out of disability and my job got taken from me-

Based upon your facts, you have only the exclusive remedy of a Workmans Comp claim, and a retaliation 123a action in Workmans Comp, not a civil case. Unless you have become 'disabled' under the meaning of the ADA rules, they do not owe you 'accommodation' and you are not protected. Sorry.

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Answered on 10/06/08, 6:59 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: out of disability and my job got taken from me-

I would advise you to get the most settlement possible on your worker's compensation case and file a 132(a) petition for penalty. If you need representation, feel free to call us at 213.388.7070.

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Answered on 10/03/08, 8:09 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: out of disability and my job got taken from me-

In addition to the 132(a) claim mentioned in the previous post, there are several other potential remedies you could obtain. If you are serious about getting help, feel free to contact us. We are currently handling a VERY similar case against a sports equipment retailer.

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Answered on 10/05/08, 1:29 am


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