Legal Question in Employment Law in California

Re-employment after administrative leave

I had a heart attack at my 7 person media job in Oct. 2006.

After 3 stents, I lost eyesight for 2 months with 2 surgeries that restored my sight (diabetes related.)

Another angioplasty in January and underwent 6-way bypass open heart surgery in February.

My employer has had little contact with me but found a permanent replacement without informing me in February.

I am on state disability.

Employer claimed in writing that I am not fired, but has not said I had a job, though he didn't tell me that I had been replaced.

I am very visible in the community and he now has ''issues'' regarding the fact that my leaving and condition have been much reported in the media and has ''cost him money.''

He has indicated no intent of hiring me back to this job where I have worked successfully before the public for the last six years and for a total of 11 years.

I fear that the environment is now hostile to my returning and he has retained an attorney because the media has hounded him as to my condition and he refuses to talk with them, or me.

He hangs up on people who ask for me and told staff not to talk with me.

I am a loyal, responsible, much liked at-will full employee with no problems. What do I do & expect?


Asked on 5/10/07, 12:45 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Re-employment after administrative leave

At this point, without a clear indication that you have been terminated, or otherwise refused reinstatement, you may have no claim at all.

California's disability discrimination statute protects employees employed by employers with 5 or more employees. The law requires employers to accommodate employee's disabilities, by among other things, a leave of absence if the leave will allow the employee to recover the ability to perform the essential functions of the job and return in a reasonable period of time. That time period will vary with the circumstances.

Your case is sufficiently complex that you should talk with an experienced employment lawyer to determine your options. What claims you have, if any, will be disclosed by a detailed analysis of the facts. Your concerns regarding returning to work should also be discussed.

I would caution you to be very circumspect regarding the amount of detailed information you post on a public website

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Answered on 5/10/07, 2:32 pm


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