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Attorney Wayne
Attorney Wayne, Lawyer
Category: Employment Law
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Experience:  Practicing Law Since 2000
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In California, can an employer fire you if you are on disability

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In California, can an employer fire you if you are on disability for many months, leave of absence because of a disabiity (stress, anxiety, etc.) Worker's Comp was denied at this time, but pursuing it.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Attorney Wayne replied 4 years ago.
Hi Donna. Is this a public or private school? (or a parochial school)?

Thanks.
Customer: replied 4 years ago.
It is a public elementary school in Los Angeles County
Expert:  Attorney Wayne replied 4 years ago.
Thanks. As a public school teacher, you are probably by a union contract, yes? I would start by enlisting the union in this. They have both an obligation to help and the resources to help.

If you help beyond what the union can or is willing to provide, the following may hel;.

As a public employee, you are entitled to due process before being fired. If this happens, you should have an attorney with experience in fighting the LA Unified in employment matters. Ask around among your colleagues if anyone has heard of or has first hand experience with any particular lawyer. The union, too, may maintain a list of referrals to lawyers. Another source would be a website used by lawyers when they need expert assistance unavailable in their own firns: www. martindale.com

There are so many potential causes of action here, that I can only list a few (but please remember that you'll need your own legal counsel to do a proper analysis of all the facts, circumstances and documents).

-- Family Medical Leave Act (guarantees unpaid leave for disability without job loss0
-- Americans with Disabilities Act (requires 'reasonable accomodations' for disabilities)
-- California Fair Employment and Housing Act


For more information, please click these links:

http://www.dfeh.ca.gov

http://www.caag.state.ca.us/consumers/general/pre-disa.htm

http://www.dfeh.ca.gov/complaint.asp

http://www.usdoj.gov/crt/ada/adahom1.htm

http://www.usdoj.gov/crt/ada/adahom1.htm

http://www.eeoc.gov/publications.html

http://www.jan.wvu.edu

I wish you all the best as you seek resolution in this matter:

Sincerely
Attorney Wayne.

PS Please click "ACCEPT" if this provides useful information. Also, feedback is really helpful and the form is really short. Thanks for completing it!
Attorney Wayne, Lawyer
Category: Employment Law
Satisfied Customers: 1506
Experience: Practicing Law Since 2000
Attorney Wayne and 4 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Excellent, thank you so much. I have a few more questions. I teach for a small district in San Gabriel Valley, not the big L. A. Unified. Although it is in L. A. County.
The Family Medical Leave Act, I have a question. I got a letter from my district to say they put me on this, but if I don't return on April 4 I will owe them all my medical payments they paid out. What if my disability continues and I am unable to return then? Will I still owe them that money? Does it only last for 3 months?
I really like the Americans Disability Act. Is this where I can say, I need an aide to be able to come back to teach because of the disability I have? Is that what this if for. I never heard of it.
YOu are very helpful Attorney Wayne.
I hope you get my other question I just sent too.
Thank you
Expert:  Attorney Wayne replied 4 years ago.
Thanks.

The FMLA has a a time limit of 12 weeks. I'm not sure what the repaid medical payments would be for? Perhaps they are saying you will be responsible for paying to continue health insurance if you are terminated at the end of the FMLA period? (That's called "Cobra" coverage -- COBRA is an acronym for the law that mandates you get to buy for your own health insurance from your former emplooyer after separation).

The Americans with Disabilities Act (ADA) only requires "reasonable accommodation." I'm not sure that an aide would be covered, but it might be. Its one of those situations for which you need to consult your own lawyer, as the facts and circumstances are complex.

The easy ADA cases are things like putting in a wheelchair ramp or a software to accommodate a disability. Something like an aide -- that will take the kind of in-depth look that your only your own lawyer could do (an information service like this is just not set up for legal representation).

One accommodation might be a reassignment. If there were a lower stress position available, that might be an accommodation. But again, these are things you must discuss with your own lawyer.

Finally, while not in LA Unified, does your district have a union contract? If so, be sure to make use of any resources the Union can provide !

I wish you all the best as you seek resolution in this matter:

Sincerely
Attorney Wayne.

PS Please trmrmbrt yo click "ACCEPT" if this provides useful information (as it is the only way the experts get credit for their work) . Also, feedback is really helpful and the form is really short. Thanks for completing it!

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