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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have been on medical disability since the end of April 2012.

Customer Question

I have been on medical disability since the end of April 2012. My most recent filing ends 1/31/2013. My employer is not responding to me. I sent a letter and an e-mail to notify them that I moved and they are not responding to confirm reciept.

I don't know if I will be released on the current date but I don't want to go back to an office where I have no job. How do I get them to answer me?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello.

Did your employer ever state if your job was open or that if you didn't return to work by a certain date that you would be terminated?
Customer: replied 3 years ago.

no only thing I was told is that I could not return without a medical release in my hand. That was in July.

Expert:  Joseph replied 3 years ago.

Hello Carol,

Unfortunately, there's no legal way to get your employer to respond to you directly. However, if you haven't been able to receive a response to your letter and email,Ii would suggest that you call them to receive confirmation as to whether your job is open or not.

Also, unfortunately, as an at-will employee out on disability (and not also on FMLA leave) your employer can terminate you at any time for any reason with or without any prior notice.

I would definitely think that in your case, unfortunately, no news is probably bad news, and due to their lack of legal obligation to do so, it's unlikely that they've held your job open for you to return to work.

However, as I mentioned above, I would definitely call or even make a personal visit to verify that you have actually been terminated.

Customer: replied 3 years ago.

I already know they won't answer my calls. I am honestly scared of the owner and don't feel at all comfortable going in. I'm in a hard spot and I really don't know what to do. I have personal items there that I want back but knowing the owners personality I'm not sure my things haven't been thrown out. Can I do a certified letter asking for a response and have it state if I don't hear back by a certain date I will interpet their silence as my termination with a date for pick up of my things?

Expert:  Joseph replied 3 years ago.
Hello Carol,

Yes, that would be fine. You are definitely entitled to your personal property from your job, and you can sue for damages to your property if anything has been thrown out.
Expert:  Joseph replied 3 years ago.
Hello Carol,

Please remember to rate my answer positively so I get credit for my work!

Or please ask me any follow up questions you have.

Thanks and best of luck!

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