I was on disability for about 6 months, i had back surgery and had to go on disability, now that i am fit to go back to work they tell me that i was let go a while ago, but when i talked to my manager a week before they told me that i was let go he told me that it was fine to return. What can i do? Help!!!!!!
2007-06-13 08:14:37 · 10 answers · asked by huey354 1 in Politics & Government ➔ Law & Ethics
i live in california
2007-06-13 09:07:07 · update #1
You can't sue a job. You might have a case against the employer.
2007-06-13 08:16:42 · answer #1 · answered by Layne B 3 · 0⤊ 0⤋
thats legal. on disability the company must support your disability leave. the real issue is that companies must you e treat as if you were working so not treated differently due to the disability. but respect your time off.
so if the company was doing a layoff anyway and selected you for performance reasons or skill reasons or location reasons while you were working, then they should do the same when you return to work. not treat you different just because of the disability.
that is the way it is.
2007-06-13 15:20:01 · answer #2 · answered by brk 4 · 0⤊ 0⤋
Unless it was a job related disability you are on the short end of the stick.
Your manager may not have known your status so he may have erred.
What they probably are afraid of his you get back to work and get hurt and claim workers compensation.
In their view it is better to get a healthy new employee then you. it might be best for you to not mention to any new employers your past disability.
2007-06-13 15:20:44 · answer #3 · answered by The Oracle 4 · 0⤊ 0⤋
talk to a lawyer that specializes in employment cases and issues, including disability. It's like 50 dollars for an hour's chat and you can find out for sure what to do.
2007-06-13 15:17:51 · answer #4 · answered by antsam999 4 · 0⤊ 0⤋
It is a federal law that a company cannot fire you for being off work with a back injury. You need to get a lawyer, I did and I got a job after I sued and won. Talk to other employees and see if they heard anything about your being let go. A employer has to let you go face to face, its a law. Good luck with it.
P.S. I worked as Human Resource at that job.
2007-06-13 15:23:20 · answer #5 · answered by onebaddab6767 1 · 0⤊ 1⤋
What state are you from, so I can look up the employment laws for you.
Edit: Sorry it took me so long to get back to you. Here are some links regarding employment law in California. Read them before talking to attorney.
http://research.lawyers.com/California/Employment-Law-in-California.html
http://www.callaborlaw.com/archives/cat-employee-leave.html
http://www.weblocator.com/attorney/ca/law/c15.html
http://www.ca.gov/Employment/LawsAndRegs.html
http://www.californialaborlawattorney.com/californialaborlawattorneys.html
2007-06-13 15:18:26 · answer #6 · answered by Liberal City 6 · 0⤊ 1⤋
Talk to a lawyer
2007-06-13 15:16:50 · answer #7 · answered by Windy 4 · 0⤊ 0⤋
If you EVER sue an employer you'd better make sure you get enough money to retire on because you're virtually unemployable at that point.
2007-06-13 15:16:52 · answer #8 · answered by PhXsUnS07 2 · 2⤊ 2⤋
Your employer has a business to run. If he needs help, he has to hire help. It's unfortunate for you but, that's life.
2007-06-13 15:18:53 · answer #9 · answered by only p 6 · 0⤊ 0⤋
Time to call an attorney. Good luck!
2007-06-13 15:21:55 · answer #10 · answered by Mr. Taco 7 · 0⤊ 0⤋