Legal Question in Medical Leave in California

can they do this?

I took a company approved medical leave for a non-work injury in June. I was released back to work at the end of Sept. With restrictions. My company denied my annual raise because I was on leave when paperwork was turned in to the corp. office and they say because I can't do my regualar job they are going to take away a raise I got before my medical leave. They also told me that my job may not be there when i'm cleared 100%. Can they do this?


Asked on 11/25/04, 4:31 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: can they do this?

It sounds like their taking away your raise is illegal retaliation for your taking family leave -- they are supposed to work with you to return you to work under California law prohibiting discrimination against injured workers (whether or not the injury occurred at work.) You should file a complaint with the CA Dept of Fair Employment and Housing (this should be done with the help of an attorney.) If the employer knows an attorney is involved, they may think twice before taking away your job. Good luck. Feel free to email directly if you have further questions.

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Answered on 11/29/04, 5:19 pm


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