Legal Question in Employment Law in California
Fired Before I was placed on Disability am i still eligible?
I had pre-term labor symptoms & my
Doc told me that If things don't get
better she would place me on bedrest
do to constant bleeding.I returned 2
work& made my boss aware this. As
expected things didn't get better &
mydoc ask me to stop working, i told
my boss/co-owner about this and all
he said was sh** cause he & the
other boss/co-owner were leaving for
2 wks & left. He didn't make any
arrangements for anyone to come
and relieve me while he was gone. I
love everyone there Icould not bare
to leave the office unattended for
2wks while he was gone.I knew I
couldn't work all day &started to
work 1/2 day & ask our w/e
receptionist if she could come in
everyday for a couple of hours to
have someone at the office atleast
answering the phones, just until my
boss gets back & figures outwhat he
wants to do. When he returned I
recom'd the recept. to be hired,
which they did, but did not
communicate anything w/me it was
weird. I had to finally ask him what
was going on because I should not be
working & he said we decided to go
w/recept My doc placed me on
bedrest long before my last day of
work,but since my last day of work
on 09/10/08 thats the day she
requested disability
2 Answers from Attorneys
Re: Fired Before I was placed on Disability am i still eligible?
The questions is, did you inform your employer about your disability and did you provide a doctor's note advising the employer of your restrictions? Finally, did the employer terminate you after you advised them of your disability and refused to accommodate your disability? If the answer to the questions are "yes", than you have a potential claim against your employer for disability discrimination and failure to accommodate disability. Also in order for the Fair Employment Housing Act to apply to the employer, the employer must employer must employee 5 or more employees, otherwise, you have a wrongful termination in violation of public policy claim.
Re: Fired Before I was placed on Disability am i still eligible?
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you qualify for both, you get both.
Now, if they violate those rules, contact me for the legal help you'll need.
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