Legal Question in Disability Law in California

fired while on medical leave

I am on medical leave, I've been w/my employer for less than a year so I don't qualify for FMLA. They are trying to get me to resign as a result of an investigation or non reelect me in January. Is that legal and is it discrimination?

Asked on 12/17/07, 7:09 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: fired while on medical leave

Just being on medical leave is not the same as having a disability. IF you actually have a legally recognizable disability and are refused reasonable accommodation, then you may have a claim. Disability means a permanent life altering condition that affects your ability to do your job without accommodation. If you do, feel free to contact me to discuss your rights and remedies.

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Answered on 12/19/07, 7:48 pm

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: fired while on medical leave

What would the discrimination be based on? You haven't stated any discriminatory facts. You already know you must be employed, full-time, a year to qualify for FMLA. You will need to prove that the real reason the employer will not "reelect" you is due to an unlawful motive. Do you have evidence of such a motive?

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Answered on 12/18/07, 12:43 pm

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