Legal Question in Employment Law in California

I was injured at work on October of 2010 i was on restrictions up until May of 2011 and in November of 2011 i was examined by a QME examiner and he suggested i lift no more than 25 lbs my company kept me on full duty with no restrictions. On February of 2012 my company decided to let me go because they no longer want to accommodate to the doctor's restrictions. i believe i've be discriminated against. Do i have any legal rights?


Asked on 3/23/12, 3:06 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Contact a local Workers Compensation attorney to see what your rights are. He can help you file a claim.

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Answered on 3/23/12, 3:43 pm
David Sarnoff Sarnoff + Sarnoff

Did your company say they were letting you go because they no longer wanted to accommodate the restrictions? If so, you may have a claim for discrimination and/or retaliation. Employers are not allowed to discriminate against an individual with a physical disability and must accommodate that person`s disability unless doing so creates an undue hardship for the employer.

Of course, it is impossible to fully assess your situation without more information. If you would like to discuss this further, please feel free to visit my firm`s website for more information and to complete our confidential online case evaluation form, which will provide us with additional information to properly evaluate your claims.

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Answered on 3/23/12, 4:17 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You may file a complaint with Department of Fair Employment & Housing for not providing reasonable accommodation due to your disability and you may be able to sue your employer civilly in addition to your worker's compensation case. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 3/23/12, 4:19 pm


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