Legal Question in Employment Law in California

I am out on a two week medical leave. My employer has informed me that much of my duties have been given to other employees leaving me with little work when I return. It seems he is using my condition against me and even once I am released to return to work, he has stated he will not give my duties back to me. I think he is setting the groundwork to lay me off due to lack of work when I return. Do I have any recourse?

Asked on 4/21/13, 12:21 pm

2 Answers from Attorneys

Neville Fernandes Norcal Employment Counsel

Yes, an employer generally must return you to work after a medical leave into the same position with the same job duties. An employer cannot use your medical leave to alter your work duties or take any adverse action against you such as termination. If you get fired you would likely have a claim for wrongful termination, retaliation, and other causes of action.

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Answered on 4/21/13, 12:38 pm

Kristine Karila Law Office of Kristine S. Karila

Call an employment law attorney to discuss. Are you out under FMLA? If so, your job is protected UNLESS you would have been laid off or fired anyway for reasons other than your medical condition. In addition, your employer may be required to "reasonably accommodate" your medical conditon, but more facts need to be known to analyze your particular situation. 949-481-6909.

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Answered on 4/21/13, 1:24 pm

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