Legal Question in Medical Leave in California
job restoration after disability leave
my employer demoted me after i went on disability leave. this leave was part medical disability and part maternity. i was never notified,as law requires, that my position was being filled and given the opportunity to return to work to my original position. what can i do to get my job back?
3 Answers from Attorneys
Re: job restoration after disability leave
This company had better have a very good reason to justify your demotion, otherwise it has probably violated the law.
Depending on which law was violated (FMLA, CFRA or FEHA - I know this gets confusing) they had an obligation to either allow you to return to your old job or a substantially similar job.
As has been indicated, you should meet with a labor law attorney near you to help you assess you options.
Re: job restoration after disability leave
from the facts given, you may have standing to sue for FMLA violations. please email my law office more specific information regarding your case and position previously held, and we may be able to further assist and/or represent your interests here legally.
Re: job restoration after disability leave
Your attorney may be able to show that this is illegal and retaliatory, and may be able to force the company to rehire, or face a lawsuit. Contact me if local and interested in discussing.
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