Legal Question in Workers Comp in California
volontary resignation
I was injured my back and now my treating doctor put me on 2 month off work I recieved a letter from my company that if I cannot go back to work after 90 days i considered resign. Is that legal?
1 Answer from Attorneys
Re: volontary resignation
Your situation raise a number of issues:
1. Under Labor code, You can file for a Section 132 (a) petition for penalties if you get terminated during you disability.
2. There may be a number of violations of ADA (American Disability Act) if your employer terminates you while you are on disability or if they don't even attempt to accommodate you for a modified work.
3. Your termination may also be in violation of Family Medical Leave Act (depending on the size of your employer).
I think you should consult with an experienced worker's compensation attorney.Please call me at 213.388.7070 for a free consultation to discuss your case further.
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