Legal Question in Employment Law in California

Short term disability rights
I am on short term disability for a surgery and will be missing about three months. My company has recently informed me that my job has been ''absorbed'' due to paycuts (I am the only one in the office affected) and they have offered me two choices: one job that is 100% different from my current job, or another job which is very similar, but at a substantial pay cut. My reviews have been flawless, but they do not like the fact that I've had to take time off of work. What are my rights????

Asked on 1/22/04, 2:08 pm

4 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: Short term disability rights

You may have some protection under the California Family Rights Act or the Family Medical Leave Act but there is not enough information to make this assessment. The employer's actions are highly suspicious and would warrant investigation. I would advise you to consult with an employment law attorney in your area as soon as possible to review your case in detail and give you better advise than I can in a brief email.

Answered on 1/22/04, 9:37 pm

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Donald Holben Donald R. Holben & Associates, APC

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Re: Short term disability rights

May have possible rights to pursue, however, need more info like size of company, number of employees, etc., etc.

Answered on 1/23/04, 12:20 pm

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Terry A. Nelson Nelson & Lawless

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Re: Short term disability rights

You have the right to be free from discrimination, and to have your job held for you while on leave, or return to a comparable job and salary. Get a good local attorney. If you can't, contact me to discuss how I can help.

Answered on 1/23/04, 2:18 pm

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