California  |  Disability Law

Legal Question

Asked on: 5/01/13, 8:09 pm

I have been on disability for approximately 1 month. My doctor has released me to return to work on a modified work schedule for 2 weeks. I received a letter from my employer stating that if at the end of the 2 weeks, I cannot return full time my employment will be terminated. In addition, SDI mailed the forms to my employer on March 25,2013 and the forms have not been returned.

Is this legal?

3 Answers


Answered on: 5/01/13, 8:19 pm by Jacob Kiani

It depends on whether the Company fires you because of your membership in a protected class. In other words, does you medical condition qualify as a disability under FEHA / ADA, and they fired you because you are disabled. It would also be unlawful for them to fire you in retaliation for taking a protected leave of absence, such as a family or medical leave that is job-protected under CFRA or the FMLA.


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Law Office of Jacob I. Kiani 468 North Camden Drive, Suite 200 Beverly Hills, CA 90210

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Answered on: 5/02/13, 9:33 am by Kristine Karila

You may have a case for unlawful discrimination based on your medical condition and/or disabilty, but more facts need to be known before your matter can be analyzed. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation. 499-481-6909.


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Law Office of Kristine S. Karila 9891 Irvine Center Dr., Ste. 200 Irvine, CA 92618

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Answered on: 5/02/13, 12:18 pm by ARMAN MOHEBAN

If your injury is work-related, then you need a doctor to certify you for disability on SDI/EDD new forms. Feel free to call us at 213.388.7070 for a free consultation.


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LAW OFFICES OF ARMAN MOHEBAN 3055 WILSHIRE BLVD., SUITE 900 Los Angeles, CA 90010

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