Legal Question in Employment Law in California

I am disabled and have been out on a leave of a sense from my employer after a car accident. Tues I had an accommodation meeting with my manager and a facilitator. My manager had me sign a paper stating that there was no vacant position for me based on my restrictions and they would email me if a position opened at another warehouse. But if 60 days passed then I would be separated from them. I feel that I should have have signed it, can I rescind this document and how do I?


Asked on 5/31/12, 10:02 pm

2 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

You may not be able to rescind it, but you may be able to soften the impact by writing a letter explaining that you did not understand what you were signing and felt pressured to sign and that upon closer examination of the document they had you sign, you no longer agree. I can help you draft such a letter for a low fixed flat rate fee. You can check out my website at http://www.laborandemploymentlawoffice.com and my blog at http://www.laborandemploymentlawoffice.com/LALaborLawBlog. My contact information, bio, and the way my firm works is there.

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Answered on 6/01/12, 9:44 am
Terry A. Nelson Nelson & Lawless

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA medical leave when you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by the doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

Those are the max legally required leave terms, IF you qualified for them. If you didn't qualify, you could be terminated at any time after injury. Also, you signed an agreement different from those terms it sounds like.

Agreements can not be rescinded unilaterally by one party.

You can try to negotiate something with your employer, but they are entitled to rely on your agreement and the law.

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Answered on 6/01/12, 1:13 pm


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