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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11291
Experience:  Significant experience in all areas of employment law.
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I was employeed years at my last job which is at United

Customer Question

I was employeed for 25 years at my last job which is at United Cerebral Palsy. I was forced to resign from my job in March without signing anything. I was off from November to March on disability for a surgery on my hand. With therapy, I was still unable to perform my job. When the short term disability ended in February and the long term kicked in is when they decided to force my resignation. I am now collecting long term that I paid for through my job. Is there anything else I could be getting or another action I could pursue given this information. Would you advise to get a lawyer?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. I am very sorry to hear about this. How long total were you off work? How many employers does your employer have?
I look forward to helping you.
Customer: replied 1 year ago.
From November 18th 2014 until I was forced to voluntarily resign on March 23rd 2015 I would say roughly 400 employees.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. Was your leave FMLA protected?
Customer: replied 1 year ago.
Yes it was.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you again.

The FMLA only provides 12 weeks of protecte job leave, which you exceeded. However, under the Fair Employment & Housing Act, employers are required to "reasonably accommodate" disabled employees, and "reasonable accommodations" can in some circumstances be an extesnion of protected FMLA time off work.

The difficult thing is that you resigned. A resignation is, by definition, a voluntary action, and you cannot collect damges for unemployment which you voluntarily imposed on yourself. So, what you would need to demonstrate that you were coerced into quitting and that it really wasn't a resignation at all but rather a termination. If you can argue that you were terminated and that your employer could have reasonably accommodated additional time off work (meaning without the extension imposing undue hardship on your employer), then you can argue that your rights under the FEHA were violated. This, typically, would be the only avenue of legal recourse under the circumstances you describe.

You can pursue a claim for violation of your rights under the FEHA by filing a charge of discrimination with California's Department of Fair Employment & Housing. See here to do that: http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

I hope that you find this information helpful. 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 moving forward.

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