Legal Question in Employment Law in California

I have been off on temporary disability for 8 months and my MD is likely to have me off for another 3 months or so. My employer is saying that they cannot accomodate this due to staffing issues, but before releasing me from my position and giving me unemployment, they are requiring me to apply for retirement disability. Can they force me to do this or apply for me? I am not permanently disabled, nor do i want to retire or use my retirement. I would rather they just release me from my position.


Asked on 2/27/11, 12:02 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

They can't 'force' you to do anything. But they are not obligated to hold your job for more than 12 weeks, at bestm which has long ago been exceeded. You should talk with them and advise you want to be terminated on that basis. so you can get unemployment benefits once you are released from disability.

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Answered on 2/28/11, 3:01 pm


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