Legal Question in Disability Law in California
possible disability discrimination
I returned to work after 10 mos on disability for cancer. Since my return I have been demoted to a different position, but have not been given a pay cut. However, the job has changed drastically and it feels as though there have been obstacles to success thrown up in order to make it untenable. I am afraid they are going to terminate me or are trying to force me to quit. Is this a cause of action?
2 Answers from Attorneys
Re: possible disability discrimination
This matter is complex and you should not try to do it yourself so you should get an attorney to discuus your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: possible disability discrimination
You exceeded the max legally protected time limit for return, so they were not required to hold your job. You'd have to show your new job 'obstacles' are discrimination 'because of' a legally recognizable disability, which you haven't described, or retaliation because of the medical leave absence. And, "feels like" is not proof.
If you think you can show either case, feel free to contact me to discuss your rights and remedies. At the minimum, an attorney's letter demanding correction and compliance may help your situation, even if you don't have sufficient grounds for a lawsuit.
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