How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4505
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was placed out of work for one month due to very high blood

Resolved Question:

I was placed out of work for one month due to very high blood Pressure/ Bi-Polar/Panic attacks at work. My primary doctor placed me out of work, and referred me to a psychologist, who deemed me to have severe depression/Panic attacks/Anxiety/Bi-Polar. Then I was placed on medication, and sent to Meditation/ Depression/Anxiety classes three times a week. My Boss/HR said they would send out STD forms after ten days, but delayed doing so. So I have used up 120 hours of vacation so I would be paid and care for my family. The STD Sun Life Insurance is taking their sweet time to answer if they plan to honor the claim, and now my doctors want to extend my time out of work an additional 60 days to give the meds, and the corrective exercises a chance to kick in and be effective upon my return. Can STD refuse to pay my claim. My employer's policy for full time employees is 100% of salary for STD claims. But because of the processing delays I have used all my vacation time, and I'm now off without pay. Should I just return back to work ill so they can fire me? Please advise.

Thank you
Submitted: 5 months ago.
Category: California Employment Law
Expert:  Joseph replied 5 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Short Term Disability shouldn't have any valid reason to deny your claim, so if they do, you would have a good cause against them for bad faith for not paying you the guaranteed salary and benefits that you are supposed to receive under your short term disability plan with your employer.

Assuming that they do pay on your claim (as there is no reasonable basis to deny it), you would receive retroactive benefits for the weeks when you were off work without pay.

I don't think it would be a good idea to return to work prior to the 60 days that your doctor's want to give you to adjust to your new medication, and it would be unlikely that your employer would consent to take you back before that time if it is against your doctor's orders.

However, if your employer does terminate you (whether you decide to go back to work or not) you would have an extremely good cause of action against them for discrimination on the basis of disability (depression, bipolar, and panic attacks) in violation of the Fair Employment and Housing Act.

If they do try to terminate you on that basis, you can and should immediately file a complaint with the Department of Fair Employment and Housing using the information available online here:

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


The Department of Fair Employment and Housing will investigate the 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(s) against your employer through a private attorney.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please make sure to REPLY to me first if you are at all contemplating giving me anything but a positive rating.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 4505
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Customer: replied 5 months ago.

Joseph,


 


Thank you so very much for your professional advice/guidance. Your knowledge, and information is valued much more than what I paid, and for that reason I thank you. I will continue to use this service if I have any further questions, and will tell all in need of your great service.


 


Thank you again!


God Bless


 


-Kelly

Expert:  Joseph replied 5 months ago.
Hello Kelly,

Thank you! Would you please remember to give me a positive rating so I get credit for my work!

Thanks again!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    907
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    907
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    816
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    314
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    2993
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.