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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111647
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Had an accident on 02/13/2015. fractured left ankle and

Customer Question

had an accident on 02/13/2015. fractured left ankle and sternum fracture, had surgery next day, 11 screws and a metal plate. i have been receiving ssdi benefit. on 10/09/2015 my employer sent me a letter laying me off due to forced work reduction sale of company. i spoke to coworkers. they were all laid off but were rehiredby new company. they could not rehire me because i was on disability still. Can I sue them?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot sue them if you were unable to return to work. Actually, you can add that to your suit in the accident if you were injured by a third party as part of lost earnings. You cannot sue the new company for not re-hiring you because you were still disabled, since the new company has a right to expect the employee to be able to work.
So, if the accident was caused by a third party, then they can be liable to you for lost employment opportunity. That would be the only legal liability.

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