Legal Question in Employment Law in California

Terminated while on Medical Leave

I was out on medical leave when I got a letter from my employer that I had run out of paid medical leave days (after the fact)and that I would have to ask for unpaid leave. I did. I also noted that the union was offerring to pay for my time off with their ''Catastrophic Leave Fund''.

I was denied the unpaid leave and was terminated with no reason why it was denied. I wasn't the only one they did this to. A union offical told me that there were at least 5 others they did this to this past year.

The medical circunstances is a disputed workers comp case. I know I will win but my employer will not have to pay just the insurance company. I feel that the employer was the one that broke the law isn't it discrimmination?

Any information you can provide will be greatly appreciated -Thank you.


Asked on 9/09/04, 3:33 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Terminated while on Medical Leave

If you are involved in a workers' comp case you should speak to your workers' comp attorney about filing a 132a claim for discrimination for filing a comp claim. If you don't have a work comp attorney - get one. Look for a certified workers' comp specialist in your area ASAP.

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Answered on 9/10/04, 4:11 pm


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