Legal Question in Employment Law in California
I was on disability. It was short term. During my 12 weeks Prior to attending My employer did things to imply that I had been terminatedAfter a few weeks of starting disability My cell phone was turned off. This was a company-issued cell phone Used for the purpose of business. I was a regional manager and part of my job was to contact show producers and make good relations with them so that we could gain a better Leverage at a show And to be contacted when new show venues were available. It was imperative that my phone number remain intact for when I return to work For me to be able to successfully do my job. They completely turned off the phone And I would not be able to get that same phone number back so all my contact information In that phone was lost And every show producer that had my phone number could no longer reach me. After a couple of more weeks prior to the 12 week ending time My company email was completely turned off. I no longer have communication with my company. Again show producers company information or anything else that would be pertinent to my job was now lost and gone.They promoted somebody in the company to fill my job while I was out and he is still the manager.Harassment started at my job from Human Resources prior to this Because I had reported another employee for sexual harassment. That person that I reported now has my job. My company also demanded that their computer be returned to them Prior to the 12 weeks ending. I complied with everything. Lastly I asked at my personnel file be sent to me and hold. I was sent a few pages of things that I had signed no other documentation was proposed give it to me
1 Answer from Attorneys
You may very well have a claim for retaliation, among other things, such as sexual harassment, disability discrimination, disability retaliation, and CFRA/FMLA retaliation. The California Fair Employment and Housing Act ("FEHA") prohibits discrimination against someone because of their disability. It also prohibits retaliation for reporting unlawful conduct or engaging in other "protected activity," such as reporting or complaining about sexual harassment. The California Family Rights Act ("CFRA") is the CA version of FMLA and prohibits retaliation for taking medical leave. You should talk to an employment attorney to fully assess your rights. My office would be happy to discuss your potential claims. Call us at (877) 877-2545 or (415) 788-0888. We handle cases throughout California and in fact worked in the Los Angeles/Orange County area for many, many years.