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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4879
Experience:  Extensive experience representing employees and management
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can i be denied employment after i was out on medical leave?i

Resolved Question:

can i be denied employment after i was out on medical leave?i had cancer surgery and though they originally encouraged me to reapply and they were to find work for me ,they are reluctant to do so now.i am on cobra and still do chemo but am fit to work
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

As long as you were terminated through no fault of your own and are currently ready and available to work, you sould not be denied unemployment benefits, since you meet the qualifications for receiving them.

Have you received any notification for the reason that you are being denied unemployment benefits by EDD?
Customer: replied 1 year ago.

the benefits are not the issue.....the issue is getting a job back with the company ...they said i went on medical leave on good terms,...they exended the medical leave period for a very generous time...i spoke with my former boss there and he said he would approve of me returning...now they are just passing the buck back and forth in letting me know if i can return...could they not rehire me because of my illness?like i stated i am currently on their cobra plan and have 11 months left on it...but i want to come back to work...what can the legally and not legally do with me?

Expert:  Joseph replied 1 year ago.
No, they cannot legally refuse to hire you due to your illness, as long as you are able to do the essential functions of the job with a reasonable accomodation.

If your employer refuses to hire you due to your illness, you should file a complaint against your employer with the Department of Fair Employment and Housing for discrimination in violation of the Fair Employment and Housing Act.

You can file a complaint using the instructions available online here:

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

The DFEH will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.
Customer: replied 1 year ago.
they have job postings in my area.can that be used to my defense if they insist there is no work for me?thank you for your time...
Expert:  Joseph replied 1 year ago.
Yes, that would help demonstrate that there are job opportunities and that they are denying you employment on the basis of your disability.
Joseph, Lawyer
Satisfied Customers: 4879
Experience: Extensive experience representing employees and management
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