California Employment Law
California Employment Law Questions Answered by Legal Experts
Good afternoon Cindy, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. Were you eligible for, and did you take FMLA leave? Doug
I did not take FMLA leave and don't think I was eligible. I fell in my own home and fractured my left shoulder in 3 places and soft tissue damage from shoulder to finger tips. That's why the time off was so long. I am collecting CA State Disability income.
Hi Cindy, I am so sorry to hear of your serious injury. I hope that you make a full recovery. I to have a shoulder problem and I empathize with the pain and limitations you have while you are recuperating. Unfortunately, under CA employment laws, an employer is not obligated to even hold an employee's position when they go out on disability. The fact that you are receiving state disability does not have a job protection component it. What that means is that you have to return to work on the terms set by the employer. It is not even illegal for them to discriminate against you because you were out on leave. Only the FMLA program actually gives an employee any kind of job protection. The only remedy you have is to try and reason with your employer and get an agreement from them that as soon as you are up to full speed physically, that they will bring you back to 4 days a week. If they are unwilling to do that for you, then you will have to make a decision whether to stay with your employer, or seek more full time employment with a different dental group---I'm sorry. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Please understand that I have no control over the how the law impacts your particular situation. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. I wish you the best in your future. Doug
Thank you for your positive rating of my service, Cindy. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).