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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7663
Experience:  Significant experience in all areas of employment law.
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Went to work with completed Drs papers and work said , sorry

Customer Question

Went to work with completed Drs papers and work said , sorry we cant wait any longer we will be letting you go. When you get better you can reapply
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 3 years ago.
Hello and thank you for entrusting me to answer your question. On what basis did your employer decide to let you go? Did they give a reason?
Customer: replied 3 years ago.
stated they could not wait any longer for me to recover
Expert:  Patrick, Esq. replied 3 years ago.
I'm afraid I have some more questions for you. Were you on FMLA leave? How many weeks were you absent from work? Did your employer attempt to accommodate your disability in any way (i.e., a reduced schedule) to allow you to continue working? Thanks for your patience in allowing me to assist you.
Customer: replied 3 years ago.
The stated that I was on the FMLA leave. They did not try to accommadate me and I signed state disablility paoers although my job caused my injury.
Expert:  Patrick, Esq. replied 3 years ago.
Was your absence longer than 12 weeks?
Customer: replied 3 years ago.
Yes
Expert:  Patrick, Esq. replied 3 years ago.
Thank you again for your patience in responding to my requests for more information.

Employers subject to the FMLA are only required to save your job for 12 weeks. However, your employer should have provided advanced notice that it was no longer able to hold your job open. You may have recourse if they didn't comply with FMLA requirements.

Further, if your disability is a "qualifying disability" under the Americans with Disabilities Act (ADA), your employer would be required to engage in an interactive process with you to determine if reasonable accommodations could be made to allow you to return to work. Typically, a qualifying disability is a physical or mental impairment that substantially limits one or more major life activities.

There are a lot of potential reasons here why what your employer did may have been unlawful. For this reason, I would highly advise you to speak with an attorney to determine if a cause of action for wrongful termination would be worth pursuing.

For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com On MartinDale, you can search attorneys by their practice area.

When you contact the attorneys, ask if they offer free consultations. Most should, and this way you can get at least some opinon on your case before you spend money.

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that non of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.