Legal Question in Employment Law in California

Terminated for Carpal Tunnel Syndrome

I was terminated yesterday however I was given until September to pack my desk and leave. The reason given nearly 2 weeks after I filed a Worker's Compensation Claim: ''Sucess Rate for Carpal Tunnel Syndrome surgery is not very high. Your CTS will not get better, in fact it will only get worse. I'm going to do you a favor and fire you so you can start looking for another career. Maybe you should try sales. You have until September and then you will be let go''. Then it was suggested to me that I go to a career counselor to take some test that will show where my interest/abilities lie. Can this be done? Do I really have to start looking for another job? Actually, Do I really have to stay at this one until September when he tells me to get out? The way I see it, I've been terminated and I have 6 months to clear out. Should I talk to an attorney? If so, what kind? HELP!!! I can't focus on my job now...


Asked on 2/25/04, 3:07 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Terminated for Carpal Tunnel Syndrome

Theoretically, you might have a comp claim for retaliation - talk to your comp attorney. Theoretically, you might also have a 'discrimination' claim based upon failure to accommodate, but your facts will determine that. The extremely generous 6 month offer overrides everything else - they didn't have to offer anything, so you should use the time to do as they suggest and find other work; and don't do anything to get early release for performance. At the end of the 6 months, if you still consider legal action, discuss it with experienced local counsel.

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Answered on 3/02/04, 1:00 pm


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