Legal Question in Employment Law in California

getting laid off while on disability ?
I broke my collar bone and had to have surgery. It was a week in a half span from my injury until i had surgery, so i kept working for a week because i could see my boss leaning towards the way to let me go. two days before surgery a boss of mine came over to my house after my doctor had put me on disability to let me know they would let me go and i had to give him all of my work clothes. my insurance has been cancelled and cant get released back to work from my doctor. it has only been one month since i have been off of work and my position has already been filled. i would appreciate it to know my rights? Thank you very much.

Asked on 3/16/09, 12:41 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: getting laid off while on disability ?

If this was an on job injury, you should be filing a WCAB claim, including retaliatory firing.

Otherwise, 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 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 medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

Answered on 3/16/09, 3:35 pm

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