Legal Question in Disability Law in California

Can I seu my former employer for getting laid off due to my health issues? This happened a year ago.


Asked on 5/30/12, 6:01 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You do not provide enough information to offer an opinion as to whether you can successfully sue your employer. However, if you have not filed a disability discrimination complaint, or other applicable claim, with the California Department of Fair Employment and Housing within one year of the effective date of your layoff, you probably will not be able to sue your employer because you would need a "right to sue" letter issued by it. If one year has not yet run, contact the DFEH immediately.

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Answered on 5/30/12, 7:44 am
Terry A. Nelson Nelson & Lawless

If more than a year ago, no, the statute of limitations has run, whether you had a valid case or not. If less than a year from your last day at work or notice of termination, and if you think you have a valid case, go immediately to the Dept of Fair Employment and Housing to file your Complaint of Discrimination.

If the termination was based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], FMLA [medical leave], or similar statutes, then feel free to contact me for the legal help you�ll need. I've been doing these cases for many years.

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Answered on 5/30/12, 12:31 pm


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