California  |  Disability Law

Re: 2 week notice of being laid off

Yes, it sounds like it WAS discrimination. Hovever, you are already long past the one year statute of limitations to file your claim on the Jan 2006 issues. If you were still at work, and still suffering any current retaliation or failure to accommodate, within the last year, then you can file a Claim of Discrimination with the DFEH. You snooze, you lose. Feel free to contact me if you still have a timely claim.

Re: 2 week notice of being laid off

Unfortunately, unless you waited several months to tell your manager last year, you may be outside of the time period in which to file based on discrimination.

HOWEVER -- you may likely have a FMLA claim and that statute is longer (it is kind of confusing how long it is -- but you are still in the time period.) Seek an attorney soon to preserve your rights in this matter and best of luck with your healing.

-- Amy Kleinpeter

Re: 2 week notice of being laid off

whoa, disagree a bit with the other posts -- there are various statutes of limitations, including a two year statute for wrongful termination in violation of public policy -- the public policy being the fmla (in CA, the CFRA). That said, there are various requirements -- employer size, number of hours worked, etc. which must be met in order to qualify for the law's protection. There is also the ADA which requires "reasonable accommodation" and a "good faith effort" to accommodate -- sometimes an employer is required to provide time off as a reasonable accommodation. Feel free to send more details to my private email -- don't give up based on time; you might still have live claims. Good luck.

Re: 2 week notice of being laid off

Tis COULD constitute unlawful discrimination. More facts are needed: How many employees are at the company? What was your job? Were you able to perform the essential functions of your job when you were sick? Was there any doctor's orders telling you not to work or placing restrictions on you?