Legal Question in Employment Law in California

I've been working for the federal government since October 2011. In March my doctor discovered I had a tumor and it needed removed immediately and it would take 6-12 weeks to recover. I told my supervisor what was going on and she said it was okay and I didn't have to worry about my job. But before any of this happened I filed an EEO complaint against her for sexual harassment. They did the investigation while I was in the hospital. And after they interviewed her I got a letter saying I was being terminated because of missing work due to not being able to perform my job because of my medical condition and they need to fill the spot now. I am due to return to work in less than 30 days. There is no way they can fill my position before that and have them trained to do the job. I feel like I was fired unjustly because of the EEO complaint I filed against her. What can I do from a legal stand point?


Asked on 4/15/12, 1:51 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can sue. Of course to win you will have to be able to somehow prove this was 'illegal' retaliation because of either the disability or the EEOC claim, and prove that they 'didn't need to fill' the position, and prove that you weren't out on leave for longer than they were required to hold your job. If you think you can do all that, and are serious about hiring counsel, feel free to contact me to discuss the actual facts and evidence.

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Answered on 4/15/12, 12:47 pm


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