Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Coming back for Term disability in California. How does the…

Customer Question
Coming back for Long...

Coming back for Long Term disability in California. How long does the employer need to hold allow an employee to work once the worker is back from Long Term disability.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

As I stated California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

If is full time for an executive in a large company. I have worked for the company for the last 22 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I returned to work 2 weeks ago and at the end of last week they gave me notice. So this is important to me.

Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 16 minutes by:
9/25/2017
Employment Lawyer: Ray, Employment lawyer replied 10 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,882
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 10 months ago

You can file with EEOC and claim that it was because of your injury and age discrimination.You may consider a lawyer to file for wrongful termination. This appears to be discrimination and retaliation against you.They can terminate an employee but not if they are discriminating based on age and retaliating against you.EEOC and a alwyer to sue are your legal remedies.If EEOC finds in your favor they may to reinstate and award you back pay and other damages including legal fees.

File here

https://www.eeoc.gov/employees/charge.cfm

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

Age if you are over 40

Age discrimination involves treating an applicant or employee less favorably because of his or her age.

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.

Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.

Age Discrimination & Work Situations

The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

I appreciate the chance to help you today.Thanks I am so sorry that they did this to you , you have rights here through EEOC and the courts.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 10 months ago

Lawyer here to sue , good luck to you with all of this, I will say a little prayer for , this is awful.

Contact the State Bar for Help

I hope you can get a recovery, reinstatement, etc.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 10 months ago

Retaliation and age discrimination would be your categories.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,882
48,882 Satisfied Customers
Experience: 30 years in Employment law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am on FMLA and I want to know if it is ok to give a
I am on FMLA and I want to know if it is ok to give a resignation being on FMLA … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,415 satisfied customers
I have worked 30 years for a local government agency which
I have worked 30 years for a local government agency which has always allowed employees to use sick leave, vacation and comp time without adhering to the 12-week FMLA limit as long as the employee has… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I was injured on the job and released by the ER Doctor with
I was injured on the job and released by the ER Doctor with work restrictions. Then i was driven by the company safety officer straight to the company Doctors office who released me to full work dutie… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
October 31, 2011 Dear lawyer or lawyer representative, My
October 31, 2011 Dear lawyer or lawyer representative, My name is Henry (or you can call me Hien Vo). I have several questions that I'd like to ask you refer to my wife's case: My wife, Dongchau has w… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Im on FMLA and my doctor said I could return to work this
I'm on FMLA and my doctor said I could return to work this week. My boss said she doesn't want me to come back until next week. I'm on reduced pay. Is she allowed to dictate when I come back even if i… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was fired on 6/30 after being on a medical leave of absence.
I was fired on 6/30 after being on a medical leave of absence. The reason my company gave me was that I had trouble with a few solo projects six months ago. I never had any disciplinary action or writ… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have a question regarding employment. I have been on short
I have a question regarding employment. I have been on short term disability for 1 1/2 months now. I have filed for Short Term Disability through my company's disability carrier (UNUM), Worker's Compe… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My companys STD and FML is administered by an outside company.
My company's STD and FML is administered by an outside company. As of 4/1 I am on STD. The FML, for which I was already told by the administrator I was eligible, has not been officially approved by th… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I live in California and work as an employee as a physical
I live in California and work as an employee as a physical therapist. I am not a union member. I was in a car accident (on my own time) in the last week of January 2011. I've been off work since then … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
My company, a large pharmaceutical company, announced layoffs
My company, a large pharmaceutical company, announced layoffs last week (1400 positions, including mine). I had reapplied for short term disability one week prior to that on 11/22 with an 11/29 start … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Long term employee has been out on disability since November
Long term employee has been out on disability since November 2009 and is scheduled to return to work in a few days (so almost 1 year gone). We are in California. At this point we do not need employees… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I have a question regarding workers comp in Ohio. I am currently
I have a question regarding workers comp in Ohio. I am currently recovering from having surgery, I am a teacher, and through out this injury, (2'1/2 years) my employers have wanted me to be present, (… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have arthritic knees and my doctor recently gave me a work
I have arthritic knees and my doctor recently gave me a work restriction that prohibited me from working more than 8 hours a day. We have been working anywhere from 10 to 14 hour days and my knees can… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
How long does an employer ( in Illinoiss) need to keep employed
How long does an employer ( in Illinoiss) need to keep employed an employee who is on long term disability with no end in sight?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
what is the law regarding workers leave of absence regarding
what is the law regarding worker's leave of absence regarding illness/surgery? if you are out for 3 months or less your company must offer your job back to you, and you get no paycheck during your lea… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I am a resident of the state of Illinois. I am an executive
I am a resident of the state of Illinois. I am an executive assistant reporting to a level two executive – a man of power. Due to a fall in the snow on my way to work (my manager chose to stay home du… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in the state of California and am currently on ...
I live in the state of California and am currently on disability recovering from knee surgery. I am in the construction industry. My employer asked me to come back to work, the doctor has not released… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
As the employer are we required by law to pay for our ...
As the employer are we required by law to pay for our employee''s premium health insurance while she is on Maternity Leave? Our company policy on health insurance is we pay for employee only. This emp… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x