I am going out on California state short term disability.
Just a bit more information. I have a class action lawsuit pending and they have been trying to terminate me and have retaliated against me saying my performance is not good enough even though I have proof that it is and have already responded to that. Do you think that will effect this differently. I was also told that in California, one can not be fired while out on disability. Is it just that they have not received the paperwork? And the paperwork is dated yesterday and I still have sick time available.
I am still confused as a California attorney had told me in the past that while I am on state disability I can not be fired. I was thinking they were trying to pull a fast one on me by not receiving the paperwork...I am just really confused...what state do you practice law in?
I am a California attorney and practice law in California. I am an expert in California Employment Law.
Whoever told you this was misinformed and wrong.
There is no legal protection from being terminated while you are out on disability in California if you are not on FMLA leave as well.
The company is too small to be eligible for FMLA.
The lawsuit is a class action lawsuit as they do not pay car allowance or mileage and force us to use our own computers as well as fax machines etc. It all started when I was out on disability before and they gave out my personal information to a man who had been stalking me so I contacted an attorney who then began asking me more questions about the company and that is how I ended up in the class action suit. Is there any legal recourse that I have? It seems the class action legal team is more out for what they are going to get out of this than helping me.
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