Was out on medical leave for 10 months, for a chronic medical condition. Sent HR dept. Doctor's release to return to work. HR Dept. did not let me return to my job nor did they fire me. It took them two months to respond to my job status request. They also lied to the EDD about my performance. The EDD ruled in my favor because they took two months to notify me of my termination. Can I sue for Disability discrimination,fraud,perjury,stress, etc..?
1 Answer from Attorneys
Whether you have grounds for a lawsuit depends on the facts. Call an employment law attorney to discuss the facts. Many of us offer a free initial phone consultation. California employers with more than 5 employees must "reasonably accommodate" an employee's medical condition and cannot discriminate against the employee because of her/his medical condition/disability. You are required to keep in contact with your employer to let them know your status and anticipated return date. If you were out under FMLA, your job was only protected for 12 weeks, but they still have to make an attempt to reasonably accommodate you - up to the point of creating an undue burden on the employer.