Legal Question in Employment Law in California

My doctor placed me on Disability and 10 weeks later i received an email from my employer that if I did not return to work on October 7, 2015 I would be terminated. My disability is Fibromyalgia and I was just diagnosed with it. it took several months to find the problem. now I am on meds and regulating them but not rready to return to work just yet. my doctor placed me on disabiliuty until Dec 15, 2015. i informed my employer and provided the doctors note and on October 8 I was sent my final paycheck and a letter stating I was terminated. they did not contact me to see if I was coming back sooner or what my status was they just terminated me. they state that due to the critical nature of my job they could not hold it. Since July they had a manager doing my job and he is now the permanent person in that role. They could have held my job until December without a disruption in the business at all. it was not a hardship for them. By the way I reported sexual harrassment in Dec 2014 and the perpetrator now has my job. Do i have a wrongful termination ccase/ if so I need a really good attorney to take this on please.


Asked on 10/22/15, 9:48 am

1 Answer from Attorneys
Tuvia Korobkin

You may have a case for disability discrimination/failure to accommodate and/or failure to provide medical leave and/or retaliation. However it is impossible to advise you fully without a full intake and evaluation. Most employment lawyers provide free consultations.

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Answered on 10/22/15, 7:15 pm


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