Legal Question in Employment Law in California

unfair employment termination

My problem is that i had an injury in work and I was on desability for 6 months and when i was ready to return to work they didn't want me, their excuse was that there was no work, but they had already given the job to other person, my main problem is that i wasn't comple recovered and i still have problems with my leg, so my question is if I can sue them for descrimination or what can i do, i hope that you could help me. I really need help and if it is in spanish it will be better thank you for your time.


Asked on 3/07/02, 4:07 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: unfair employment termination

they dont have to hold your job for you under those circumstances.

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Answered on 3/11/02, 10:25 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: unfair employment termination

First, if the injury happened while you were working . . . have you filed a workers' compensation claim which will cover your medical bills and give you disability payments in lieu of the lost wages . . .

second, if you have a discrimination complaint, you could file a claim with the FEHA (Fair Employment and Housing) . . . they will investigate it for you at no charge and determine if you have a case . . .

alternatively, you should consult with an attorney as you may or may not be able to collect both workers comp and discrimination $ . . . workers' comp may preempt the discrimination claim . . . but more facts need to be discussed with legal counsel to make a determination . . .

also . . . there are specific time limits within which you must file certain claims or you lose your right to do so forever . . . see an attorney today . . . good luck . . .

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Answered on 3/14/02, 3:00 am


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