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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7002
Experience:  Significant experience in all areas of employment law.
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I have been employed with this company for over 31/2 years.

Customer Question

I have been employed with this company for over 31/2 years. I was hurt on the job and hospitalized. After about a month I was finally released to return back to work. While I was not able to work, my employer came and took back the company vehicle and credit card, stop payment on the company cell phone that I had, and hired another person to fill my spot. When I taked to my employer, he was very angry and said things were going good, but slow, and had no work for me. This senerio has played out since the middle of Sept. Everytime I call once , twice a week I get the same answer. I know that they are working and , he is not telling the truth. I need my job back, which is the service guy . Which means I need the service truck back and the rest of things to do the job, nothing more than before. Please advise, thank you. Lawrence OLier
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. How many workers does your employer employ? Thanks for the additional information.

Customer: replied 2 years ago.
there are only four that work in the field ( we are electricians) and one who works in the office
Expert:  Patrick, Esq. replied 2 years ago.
Thanks for the additional information.

In order for your employer to avoid a claim that he or she discriminated against you or that he or she interfered with your rights under the FMLA or CA law, your employer must typically show that you would have lost your position even if you not taken protected medical leave. This will be difficult (but not necessarily impossible) for them to prove, especially if they let you go while you were actually on protected leave. Unless your employer can justify your demotion by citing a documented history of underperformance or malfeasance, a claim may exist for violation of your rights while on protected leave.

Furthermore, if a person is “disabled,” and is having difficulty performing his/her job, and the employer knows that the reason for the difficulty is the employee’s disability, then the employer may have a duty to reasonably accommodate the employee, as long as it will not pose an undue burden on the employer to do so. In determining whether a reasonable accommodation is available, and would actually work in helping the employee do his/her job, both the employer and employee are required to talk to each other and consider each other’s ideas. Your employer's failure to engage in this type of "interactive process" may also constitute a violation of the law.

For information on how to file a complaint with the DLSE, check out this link: http://www.dir.ca.gov/dlse/howtofilediscriminationcomplaint.htm

If my answer has been helpful to you, please click on the GREEN ACCEPT button directly above. I will not get credit for assisting you or receive payment for my work unless you do this. Your question will not close after you click "accept," and you will still be able to ask follow-up questions if necessary.
 
The only facts I know about your situation are the ones that you tell me, so please try to be specific and bear in mind that, occasionally, miscommunications will occur. I will do everything I can to clarify my answer if I have misunderstood your question. Also bear in mind that the law does not always read how we think it should. I ask that you be understanding if an opinion I have provided is not consistent with what you wanted to hear.
 
Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.

Patrick, Esq., Lawyer
Satisfied Customers: 7002
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for the response. quick question, is the 38 dollars for the "basic" service? Or is that another charge?
Expert:  Patrick, Esq. replied 2 years ago.
I am only an expert on Just Answer and am not involved directly in the billing of customers. I believe the $38 you are referring to is the amount you have agreed to pay for an expert to answer your question. It covers the cost of our discourse above. If you have followup questions concerning your original question, I am more than happy to answer those as well, and that would be included in your original payment amount.

Please do keep in mind that I am not paid until you actually click "accept," so please do so if I have adequately answered your question. If I haven't, please let me know how I can provide clarification. Thanks so much.
Customer: replied 2 years ago.
why am I seeing a balance of 38 dollars? did I not click on the "accept the answer"? I am pleased and will do so. Let me know. I thought I had. Sorry if I didn't.
Expert:  Patrick, Esq. replied 2 years ago.
I show a payment received at 12:11 p.m., so things are fine on my end. Thank you for your concern--very much appreciated.
Customer: replied 2 years ago.
now my balance is 0. thanks!
Expert:  Patrick, Esq. replied 2 years ago.
No problem and good luck.

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