Legal Question in Disability Law in California

I have been on disability for approximately 1 month. My doctor has released me to return to work on a modified work schedule for 2 weeks. I received a letter from my employer stating that if at the end of the 2 weeks, I cannot return full time my employment will be terminated. In addition, SDI mailed the forms to my employer on March 25,2013 and the forms have not been returned.

Is this legal?

Asked on 5/01/13, 8:09 pm

3 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

It depends on whether the Company fires you because of your membership in a protected class. In other words, does you medical condition qualify as a disability under FEHA / ADA, and they fired you because you are disabled. It would also be unlawful for them to fire you in retaliation for taking a protected leave of absence, such as a family or medical leave that is job-protected under CFRA or the FMLA.

Read more
Answered on 5/01/13, 8:19 pm
Kristine Karila Law Office of Kristine S. Karila

You may have a case for unlawful discrimination based on your medical condition and/or disabilty, but more facts need to be known before your matter can be analyzed. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation. 499-481-6909.

Read more
Answered on 5/02/13, 9:33 am

If your injury is work-related, then you need a doctor to certify you for disability on SDI/EDD new forms. Feel free to call us at 213.388.7070 for a free consultation.

Read more
Answered on 5/02/13, 12:18 pm

Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California