Legal Question in Disability Law in California

I had to leave my job due to medical reasons. My boss said he is going to fire me now. Can he do this and will this prevent me from drawing unemployment.

Asked on 8/24/13, 11:26 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Your question does not provide enough facts to analyze your situation. Call an employment law attorney to discuss.

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Answered on 8/24/13, 12:49 pm
Terry A. Nelson Nelson & Lawless

If and when you are refused accommodation of a disability, or you are denied legally protected leave, or are illegally terminated, discriminated or retaliated against because of requesting or taking the leave, then you may have legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 maternity / medical leave when you are unable to work because of a ‘SERIOUS health condition’ that is properly confirmed and documented by the doctor, continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. Being out sick with minor illness or injury does not fall within the protections.

When you are released to return to work, IF within the leave time limits, an employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'REASONABLE' accommodation of a legally recognized life altering disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job.

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. If you qualify for EDD unemployment benefits, you can apply for them, but you can't collect both disability and unemployment benefits at the same time, and you wouldn't qualify if you voluntarily quit.

Now, if they violated those rules, such as by forcing you to quit, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 8/26/13, 12:57 pm

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