Legal Question in Employment Law in California

laidoff while on medical leave ?

The doctor put me out for 8 weeks and I notified by faxing employer with doctor's notice and diagnosis. After the 3rd week off work, they mailed me a letter saying my position has been eliminated since the company has merged with the sister company and that position no longer exists. Can they lay off an employee while on disability and do I have any rights as far as medical insurance since I am pregnant ?


Asked on 11/13/02, 11:13 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: laidoff while on medical leave ?

You have at least an arguable claim. If your leave had to do with your pregnancy in any way, you should consult with counsel to discuss trying to resolve this. The potential for a lawsuit would be motivation to settle. If not, then discuss bringing suit. Contact me if interested in discussing.

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Answered on 11/15/02, 5:52 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: laidoff while on medical leave ?

You do have rights and you should consult with a lawyer if you want to enforce them. Many lawyers will take these types of cases on a contingency basis which means they do not get paid until there is a settlement and they get a portion thereof. Feel free to contact me with any further questions-Martin

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Answered on 11/14/02, 6:32 pm


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