Legal Question in Employment Law in California

returning to work after home injury

I fell at home and injured by back have been out on disability 11 week was released back to work yesterday was informed that my posistion was filled and my job was no longer available was informed that they are trying to find me a posistion but it could take 2 weeks in the mean time Iam now out of work and not able to collect disability is this legal... what legal action can I take if any..


Asked on 6/12/09, 2:01 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: returning to work after home injury

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 when the employee is unable to work, or must care for an immediate family member, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

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.

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Answered on 6/15/09, 6:03 pm


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