Legal Question in Employment Law in California

Employment and injuries...

I was recently injured in a bike accident and i can no longer perform my duties, now my employer is asking me to take an unpaid leave of absence because or to resign. I am being asked to resign because they were speculating that prior to the accident i was going to miss a deadline. Which is purely speculation.


Asked on 5/26/09, 9:17 pm

1 Answer from Attorneys

William Kampf Kampf Whang, LLP

Re: Employment and injuries...

Depending on the type of injury you have, and how many employees your company has, there are several options for you. But being forced to resign is not one of them so do not resign. If your employer has over 50 employees, and you have a serious medical condition, you can take a leave of absence. It is usually unpaid though you can have any vacation or sick time applied to it. If you can work with some sort of accommodation, then your employer must provide you with one so long as it does not result in undue hardship.

To provide better advice, it is important to for an attorney to find out the type of injury and size of your company.

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Answered on 5/27/09, 3:14 pm


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