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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was in a car accident in May 09 went on Family medical leave

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I was in a car accident in May '09 went on Family medical leave act for 3 months for my injuries, which is protective leave of absence. I was told by staffing officials if I didn't come back to work I would Lose my position as a Charge nurse. So, I came back to work stilling not feeling right and not wanting to lose my position I came back to work. So, I worked and complained of not feeling right by Jan '11 I had to go on Medical Leave of absence which I found out was unprotective leave of absence. I was not told the different. So, I had surgerys on the neck, knee and right shoulder due to the car accident. By july of this year, I was told I was let go by the Health Insurance, because my Ins was being canceled, I could not believe what I was hearing, I called Human resources and I was let go back in May of this year. I was always understood we had a year to be on disability. Its kind of a long story, but can a company let you go when you are on disability and I thought I was on the Family Medical leave act which is protective leave of absence. Thank You I hope I gave some details, and if I have any rights. I was a great employee with no history of any problems.
Hello and welcome to JustAnswer.

Unfortunately, unless you are on Family Medical Leave, your employer can terminate your employment when you are out due to surgery.

You may have a claim for discrimination due to your disability in violation of the Fair Employment and Housing Act.

You can file a complaint online with hte Department of Fair Employment and Housing at:

Joseph and other California Employment Law Specialists are ready to help you