Legal Question in Employment Law in California
Fired with no notice
I was on disability from an auto accident, non-work related beginning 7/23/03. As often as I would receive an disability extension slip I would take it to work. On 3/18/04 I received a letter stating that I was terminated because I had not returned to work as a letter sent in December had stated. I had never received a letter at the end of 2003, and had turned in 2 more slips from my doc. Is there anything I can do?
1 Answer from Attorneys
Re: Fired with no notice
Qualified employees may be eligible for medical leave for up to 12 weeks, under the California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA). Employers do not have to provide job protection beyong the 12 weeks under these laws.
Under certain situations, persons with qualified disabilities may ask an employer for a reasonable accommodation, to extend their leave for a time period to allow them to recover enough to return to work, with or without further accommodation. Whether 8 months or more is reasonable, depends on many factors I am not privy to. You should have your case reviewed in more detail, by an experienced employment law attorney to determine if you may have a claim for disability discrimination. Be aware that strict statutes of limitation apply, so don't delay in getting more specific advise.
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