Legal Question in Workers Comp in California

losing my position at my job,postal carrier

Can I lose my position while I am out on a work related injury? Iam undergoing treatment and multiple surgeries. One route was eliminated with more senority than I have, all the routes with less senority than the route eliminated were put posted for bidding. Do I lose my route ? What if I don'tget my route back ? I have to be able to qualify for the job in a 6 month period. I thought my job could not be taken away from me because of the on the job injury and I am out on worker's compensation. I am a federal employee with the postal service.

Asked on 12/01/08, 10:44 pm

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: losing my position at my job,postal carrier

Normally you can not be terminated or discriminated against in any fashion due to the fact that you filed or suffered a workers' compensation injury. Having said that, your employer may have some defenses. If the doctor says that you are unable to perform the essential functions and duties of your job, the empoloyer is mandated to attempt to make "reasonable accomodations". They must sit down with you and engage in an "interactive process" (try and find some kind of work for you) or they are violating the law.

However, they may argue that due to "business necessity" they had to fill the position.

There are several factors that must be considered such as how many employees there are. If there are less than 50 you may not qualify. You may also request a leave under the family medicalleave act. This will protect your job, but again it depends on the size of the company.

Without more facts, I would say you have a case and it least should talk to an attorney like myself to see if we can take it to the next level.

Please call me at my office or email me directly. My email address is:

[email protected]

I do not charge for any consultations, so don't worry about calling me directly or emailing me.

Good luck, and I hope to here from you soon.

Samuel L. Salazar

Attorney at Law

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Answered on 12/06/08, 7:03 am

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