Legal Question in Employment Law in California

Re: Threatened to be fired while on disability

In addition to the FMLA, California's ADA gives employees rights to "reasonable accommodation." A reasonable accommodation includes a leave of absence. This law applies to employers of 5 or more employees. The leave of absence cannot be indefinite. You may have a claim if your employer fires you for taking a leave of absence which is necessary to accommodate a disability. But you should talk to an attorney immediately.

Re: Threatened to be fired while on disability

I have to believe some of the stress is job related and if so you should file a work comp case , this would stop them from firing you and buy you some time.If you are in So. Cal. contact me if not talk to a work Comp Atty in your area.

Re: Threatened to be fired while on disability

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

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, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

Re: Threatened to be fired while on disability

If the anxiety that you are experiencing is work-related then you may file for worker's compensation and seek treatment. Call us at 213.388.7070 for a free consultation.