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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was terminated on 5-30-13, because after back surgery I didnt

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I was terminated on 5-30-13, because after back surgery I didn't return to work in 12 weeks is that legal

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

yes

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you have had to go through this. It is a shame when an employer decides to do something without legitimacy. Unfortunately, that does not necessarily mean that it is unlawful.

Employment-LawExpert :

Under California law, your employer is prohibited from terminating your employment for 12 weeks as long as you are covered under the FMLA or CFRA.

Employment-LawExpert :

After 12 weeks things get a bit trickier

Employment-LawExpert :

If you had a doctors note stating that you could come back to work within the next week or two after 12 weeks, then you may have protection under the ADA

Customer:

at almost 64 years old, really tough to go forward with getting another job, especially after lower back surgery and still being treated

Employment-LawExpert :

Were you injured at work?

Employment-LawExpert :

Also, are you a union employee, or do you have a contract which states that you can only be fired for cause?

Customer:

who knows. I suffered for about 8 months and kept working

Customer:

the nerves to my right leg were pinched at 3 levels of my spine, and nothing helped to surgery

Customer:

We changed H.R. co in January so I am sure they have a loop hole

Employment-LawExpert :

If you had made a workers compensation complaint, your employer would have been forbidden from engaging in any adverse employment action against you. Additionally, if you are a union employee or if you have an employment contract which states that you can only be fired for cause, then you might have legal recourse against them for terminating you.

Employment-LawExpert :

Changing HR does not give them a loop hole

Customer:

have none of the above, Thanks

Employment-LawExpert :

The problem you are running into is that California is an at will employment state. This means that your employer is allowed to terminate your employment for any reason that does not violate your civil rights or is in breach of contract.

Customer:

we were bought out by a big company, that went cheap on everything after they bought the senior care facility

Customer:

Ok thanks

Brandon, Esq. and other California Employment Law Specialists are ready to help you