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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7133
Experience:  Significant experience in all areas of employment law.
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I have been off work for 8 months with no pay. I have a lot

Resolved Question:

I have been off work for 8 months with no pay. I have a lot of restrictions and my employer wants to get me out the door because of my age 55. I want to work, but no one wants to hire me because my employer is telling prospective employers about my condition and restrictions. I filed for medical disability pending industrial disability and received paperwork in the mail that I will be retired in two weeks. Are all these people working against me doctor, state comp, employer. attorney and QME. I feel left out the loop on everything. I have safety but can't life over 25 pounds. Why is it no one wants to hire me? How can I get paid?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.
Good evening and thank you so much for entrusting me to assist you. I am truly sorry to hear about your medical condition and the difficulties you are encountering at work.

Your questions are somewhat rhetorical ("Why is it no one wants to hire me?") which makes it difficult to assist you in an effective manner. I think perhaps my answers would be more constructive if you can frame a specific legal question or questions for me to answer.

Is that possible? What question or questions about the law in California would you like me to answer?

I very much look forward to helping you.
Customer: replied 10 months ago.

Is it legal for my supervisor to give my medical information to potential employers?


 


Is it legal for my employer to terminate why on worker comp, take away my medical benefits and then give them back?


 


Is it legal for Cal-per to try and retire me when filing for a medical retirement pending industrial retirement?


 


 


Is it legal for not getting paid for being off work and no one is assisting me from my job?


 


Is it legal for my back to work coordinator to inform me there is no lift duty for me and that no one is going to want to give me a job with restrictions?


 


Is it legal for my Union Representative not to be helping me when advising him that my supervisor is telling other employers that I have lifting restrictions?


 


Is there something legally in the computer system that could be alerting other state agencies that I am on worker comp?

Customer: replied 10 months ago.

Will I be charged for sending you another question? If not, will you be emailing your reply?

Expert:  Patrick, Esq. replied 10 months ago.

Thank you very much for clarifying things for me. There is no additional charge for breaking down your inquiry in this manner. It is my pleasure to assist you. Please permit me to address your concerns as follows:

Is it legal for my supervisor to give my medical information to potential employers?

No, it's not. The Americans With Disabilities Act permits employers to share medical information of employees only on a "need to know basis." This means that employers cannot share your medical information with non-essential personnel, and CERTAINLY not with prospective employers. To do so constitute a violation of your rights and potentially gives rise to a claim for damages.

Is it legal for my employer to terminate why on worker comp, take away my medical benefits and then give them back?

Being on workers comp does not in itself confer any special job protections. Only if you are on FMLA-protected leave must your employer hold your position or maintain your medical benefits.

If you are let go and your employer employs more than 20 employees, you may be entitled to an extension of your health insurance through COBRA, wherein you now pay your own premiums but you get to continu eyour coverage at your discounted employer "group rate." See here for more information: http://www.dol.gov/ebsa/faqs/faq-consumer-cobra.html

Is it legal for Cal-per to try and retire me when filing for a medical retirement pending industrial retirement?

This is a retirement-specific question that you would need to pose to an attorney who specializes in this niche area of law.

Is it legal for not getting paid for being off work and no one is assisting me from my job?

Employees are only entitled to wages for work performed. If you are not working, you would not be entitled to payment from your employer. You would be limited to receiving payments through the state and federal disability programs for which you qualify.

Is it legal for my back to work coordinator to inform me there is no lift duty for me and that no one is going to want to give me a job with restrictions?

The American Disabilities Act prohibits discrimination against employees who have a “qualifying disability." The determination of what constitutes a qualifying disability is a complex issue, but in general, in order to have a “disability” you must have a mental or physical condition that “significantly impairs a major life activity.” It would seem your condition qualifies.

If a person is “disabled” in accordance with the ADA's definition, is having difficulty performing his/her job, and the employer knows that the reason for the difficulty is the employee’s disability, then the employer has a duty to reasonably accommodate the employee, as long as it will not pose an undue burden on the employer to do so. In determining whether a reasonable accommodation is available, and would actually work in helping the employee do his/her job, both the employer and employee had required to talk to each other and consider each other’s ideas. An employee is not entitled to the accommodation he/she wants – he/she is only entitled to an accommodation that works.

If your employer is not engaging in a good faith "interactive process" with you to determine whther accommodations can be arrange, or is denying accommodations which would not impose undue hardship on the company, your rights under the ADA have been violated.

Is it legal for my Union Representative not to be helping me when advising him that my supervisor is telling other employers that I have lifting restrictions?

Union reps have a duty to represent members in good faith. However, as the union has limited resources they need not (and usually cannot) pursue every grievance to finality. Whether your union rep is violating its duty to represent you in good faith is a highly fact-intensive inquiry that cannot be fully answered on the basis of the limited facts provided. Realistically, though, these claims are difficult to prove and rarely worth pursuing.

Is there something legally in the computer system that could be alerting other state agencies that I am on worker comp?

Workers comp files are generally confidential, so it's unlikely.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.

Patrick, Esq., Lawyer
Satisfied Customers: 7133
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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