Legal Question in Employment Law in California
Let go while on State disability
In Oct I got ill and had to go on SDI ,,,my employer put me on FMLA . On Jan 10th I received a letter that my employer sent me stating that I had abandon my job. Not true ...I was release to go back to work on Jan 15th .All this time I have been on SDI and have notified and kept my employer in the loop of my condidtion.Amemia,female surgery,and then having a breastlump removed , my question is can they do this?????
2 Answers from Attorneys
Re: Let go while on State disability
The employer may be violating California's FMLA law, as well as California's law prohibiting discrimination against disabled employees. There is also an issue of defamation -- when an employer lies about an employee's performance -- in your case, the employer is lying, claiming that you "abandoned" your job, the employer can be liable for defamation of character. If you wish to correspond further you can reply to the email below, or feel free to call me at 415-522-5200. Good luck.
Re: Let go while on State disability
The employer probably has violated the law if you are still within the time limits of FMLA leave. First step is to have your attorney seek immediate restoration of the status quo. If not promptly corrected, you have the right to sue. Contact me if interested in pursuing it this way.
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