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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was supposed to leave for the military 3rd week of November.

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I was supposed to leave for the military 3rd week of November. I went ahead and told my employer when i was shipping out and when i would like my last day to be. On November 1st, I hurt me knee really bad on the job which delayed my ship out date til March. My employer laid me off because they said they had no modified work for me there. Now i have a family and am jobless till March. They did pay me Workers comp but only until the doctor "cleared me to work". Is there anything that protects people going into the military from a situation like this? I was supposed to fill out a leave of absence later that week but my injury kept me out of work so i never got a chance to fill one out. i really need help with this.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

First of all, I want to thank you for your service to our country!

If you are now recovered and able to go back to work, but your employer has no work for you, you are eligible to file for unemployment benefits with the EDD.

There is no special protection for people going into the military that would force an employer to provide a job after an injury. You simply may not be terminated, or discriminated against based on your being in the military. Had you taken a leave of absence and returned injured from the military---if your employer didn't have any modified work for you, they would not be violating any laws by not finding a job for you.

In this case it is the fact that you were injured which is the problem. Your service in the military has nothing to do with this issue. I'm sorry. You will want to apply for unemployment if you are able to work but your employer has no work for you.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

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Thank you,

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