Legal Question in Employment Law in California

Re: termination due to injury

You have overlapping laws that effect your rights, such a workers compensation claim and a possible disability discrimination claim. If you were hurt on the job, a workers comp claim should have been filed. If not, you need to, at least, talk with a workers comp attorney, which I am not.

Employers are legally required to reasonably accommodate disabled employees, unless it creates an undue hardship. It is not clear whether you are disabled. But this should be addressed through human resources, to engage in, what we call, an interactive process. You must describe the nature of your disability and what your limitations are. The employer must explore what can be done to accommodate your disability. In any case, you will still be expected to perform the essential functions of your job.

This is a very complex area of law and you will be best served if you meet with an experienced employment law attorney to go over the facts and get the best advice.

Re: termination due to injury

Before an attorney can file a complaint for disability discrimination and failure to accomodate, you must file a complaint and obatain a right to sue from the Dept. of Fair Employment and Housing or the EEOC. Please contact my office if you need assistance with this process.