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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5065
Experience:  Extensive experience representing employees and management
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My sister was terminated yesterday after being employed by

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My sister was terminated yesterday after being employed by Children's Hospital for over 10 years. She was hurt on the job and has been on temporary disability for almost a year. She just had major cervical spine surgery in February and is just starting therapy. She was injured in 09 and was refused the request for an MRI several times until 2011, which ultimately showed extensive damage to her cervical disks and also nerve damage. Please help me to help her :-)
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, as an at-will employee, your sister can be terminated at any time for any reason with or without prior notice, even though she was on temporary disability at the time of termination.

This stems from the employment at-will doctrine, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, if your sister were terminated due to her disability and would have been able to perform the essential functions of the job with a reasonable accommodation she would have a claim for discrimination in violation of the Fair Employment and Housing Act.

She can file a claim using the instructions available online here:

http://dfeh.ca.gov/Complaints_eCompProc.htm

The Department of Fair Employment and Housing will investigate the complaint on her behalf and either file suit on her behalf or issue her a right to sue letter so she can pursue her claim against her employer through a private attorney.


Customer: replied 2 years ago.
Relist: Answer quality.
The fact that she was hurt ont the job and that she was denied specific testing that could have prevented her condition from getting to it's extreme state was not addresed.
Expert:  Joseph replied 2 years ago.
Did she file for workers' compensation benefits?
Customer: replied 2 years ago.
Yes
Expert:  Joseph replied 2 years ago.
Since she was denied coverage for the MRI, she could file a claim against the workers' compensation carrier for negligence or breach of contract for not providing the necessary treatment for her medical condition.
Joseph, Lawyer
Satisfied Customers: 5065
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
No she wasn't denied by Worker's Comp, she was denied by the Employee Health Physician who was the first physician she was required to see.
Expert:  Joseph replied 2 years ago.
Then she may have a claim against the employee health physician for malpractice for not authorizing the MRI that she needed at the time.

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