Legal Question in Disability Law in California

Can my employer offer an interactive process meeting after I've been "forced" to resign? I have been off work for over 2 years now due to a workers comp injury. I have exhausted my state disability funds and have no way to pay for living expenses. I inquired with my supervisor about withdrawing 401k funds. She said the only way to do this was if I resigned. I asked about returning to work with restrictions, she claimed the company had no "light duty policy" and that I could not return to work without being 100% released. I went to my doctor but because I have not healed from my injuries, they would only release me with several restrictions. Once I gave that to my employer she again stated I could not return until I was 100% released without restrictions. I again asked about my 401k funds and she said her hands were tied until I was completely released. I waited two weeks and reluctantly sent in my resignation, explaining how I didn't want to have to resign but in order to survive and take care of my family and since they would not have me back with the restrictions set in place by my doctor, that I did so. It wasn't until late the next evening that I received a reply saying there was a misunderstanding, that they would schedule an interactive process meeting. At this point I feel like I've been given the run around and my time is not being valued. Do I have to attend this meeting now that I already resigned and do I have a case against them since for almost a month I was told I would not be allowed back at work until I was 100% released?

Asked on 3/19/13, 8:59 pm

1 Answer from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN
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You need to retract your resignation and apply for unemployement. The worker's cmpensation carrier should have paid you advances once you were released as permanent and stationary and you are still entitled to receive a settlement for permanent disability and future medical. Feel free to call us at 213.388.7070 for a free consultation.

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3/20/13, 10:34 am

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